Legal Opinion

Johnson v. Nickoloff

Court of Appeals for the Ninth Circuit

Decided October 19, 1931PublishedCited by 11 opinions

1Per curiam

This is a motion or petition filed by Justus Johnson, appellant, for leave to prosecute his appeal in forma pauperis under the Act of June 27, 1922, c. 240, 42 Stat. 066 (28 USCA § 832). This statute expressly limits the parties entitled to take advantage of its provisions to “any citizen of the United States entitled to commence any suit or action, civil or criminal, in any court of the United States. * * “ ” The cases uniformly hold that in order to proceed thereunder one must be a citizen of the United States. Volk v. B. F. Sturtevant Co. (C. C. A.) 99 F. 532; The Memphian (D. C.) 245 F.…

2Cases cited3 opinions

  1. Kinney v. Plymouth Rock Squab Co.Supreme Court of the United States · 1915
  2. The MemphianDistrict Court, D. Massachusetts · 1917
  3. The BenningtonDistrict Court, N.D. Ohio · 1925

3Cited by11 opinions

  1. Smith v. JohnstonCourt of Appeals for the Ninth Circuit · 1940
  2. De Groot v. United StatesCourt of Appeals for the Ninth Circuit · 1937
  3. United States Ex Rel. Rongetti v. NeellyCourt of Appeals for the Seventh Circuit · 1953
  4. Nash on Behalf of Takeshi Hashimoto v. MacArthur General of the ArmyCourt of Appeals for the D.C. Circuit · 1950
  5. Lambert v. Central Bank of OaklandCourt of Appeals for the Ninth Circuit · 1936

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