Berger v. United States
Supreme Court of the United States
CERTIFICATE FROM. THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The case is stated in the opinion. Unless the affidavit complies with the requirements of § 21, Jud. Code, it can have no effect, and the judge against whom.it is directed can properly proceed with the trial.
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CERTIFICATE FROM. THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT. The case is stated in the opinion. Unless the affidavit complies with the requirements of § 21, Jud. Code, it can have no effect, and the judge against whom.it is directed can properly proceed with the trial. Glasgow v. Moyer, 225 U. S. 420, and Ex parte American Steel Barrel Co., 230 U. S. 35, 45, establish that when a judge holds that the affidavit is not filed in time, or is insufficient in law, or, for any reason, overrules the application and continues in the case, his action is subject to review and, if improper, to…
1Opinion of the Court 1
255 U.S. 22 (1921)
BERGER ET AL.
v.
UNITED STATES.
No. 460.
Supreme Court of United States.
Argued December 9, 1920.
Decided January 31, 1921.
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT.
Mr. Seymour Stedman and Mr. Henry F. Cochems for Berger et al.
The Solicitor General for the United States.
2Opinion of the Court · McKENNAJustice McKENNA
Section 21 of the Judicial Code provides as follows:
"Whenever a party to any action or proceeding, civil or criminal, shall make and file an affidavit that the judge before whom the action or proceeding is to be tried or heard has a personal bias or prejudice either against him or in…
Also in this document: Dissent · Day; Dissent · McREYNOLDS.
3Cases cited4 opinions
- Berger v. United StatesSupreme Court of the United States · 1921
- Ex Parte American Steel Barrel Co.Supreme Court of the United States · 1913
- Glasgow v. MoyerSupreme Court of the United States · 1912
- Davis v. RiversSupreme Court of Iowa · 1878