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…
1DissentJustice Day
As this case is to settle the practice, for this and similar cases which may arise in the federal courts, and as the opinion does not consider some aspects of the record, I venture to state the reasons which impel me to reach a different conclusion than that announced by the majority.
An examination shows that statutes exist in a number of States covering the subject under consideration. These statutes vary in character, and in the requirements ::or establishing the bias or prejudice of the judge which may require him' to abstain from sitting at the trial of a particular case. In some of them…
2Cases cited1 opinion
- Davis v. RiversSupreme Court of Iowa · 1878