Kerr v. United States
Court of Appeals for the Seventh Circuit
Appeal from the District Court oi the United States for the Eastern Division of the Northern District of Illinois.
1Per curiam
In this appeal review is sought of a judgment entered at law upon scire facias on a forfeited recognizance, with no writ of error issued. The doctrine is well settled that the Circuit Court of Appeals, alike with the Supreme Court, can review such proceedings at law only when brought by writ of error, and that no jurisdiction to that end arises through an appeal. See opinion of this court, in Stevens v. Clark, 62 Fed. 321, 10 C. C. A. 379, reviewing the authorities; also Muhlenberg County v. Dyer, 65 Fed. 634, 13 C. C. A. 64. The objection, therefore, cannot be waived by appearance, nor be…
2Cases cited4 opinions
- Stevens v. ClarkCourt of Appeals for the Seventh Circuit · 1894
- Alaska United Gold Min. Co. v. KeatingCourt of Appeals for the Ninth Circuit · 1902
- Muhlenberg County v. DyerCourt of Appeals for the Sixth Circuit · 1895
- City of Wilmington v. RicaudCourt of Appeals for the Fourth Circuit · 1898
3Cited by1 opinion
- Smith v. CurrieCourt of Appeals for the Fourth Circuit · 1916