United States v. Mayer
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts stated in the certificate may be summarized as follows: On March 14, 1913, one Albert Freeman with two other individuals, was convicted in the District Court, Southern District of New York, on five indictments for violation of the statutes relating to the use of the mails, and for a conspiracy.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The facts stated in the certificate may be summarized as follows: On March 14, 1913, one Albert Freeman with two other individuals, was convicted in the District Court, Southern District of New York, on five indictments for violation of the statutes relating to the use of the mails, and for a conspiracy. On that day judgments of conviction were entered and sentences were imposed as to certain of these indictments, or counts therein, sentence being suspended as to others; and on March 24, 1913, the defendant Freeman sued out…
1Opinion of the CourtJustice Hughes
Preliminarily, objection is raised to the authority of this court to answer the questions certified. Under § 239 of the Judicial Code, questions may be certified by the Circuit Court of Appeals “in any case within its appellate jurisdiction, as defined in séction one hundred and twenty-eight”; and § 128 provides that the Circuit Courts of Appeals “shall exercise appellate jurisdiction to review by appeal or writ of error final decisions in the District Court,” etc. The argument is that an application to a Circuit Court of Appeals for a writ of prohibition is an original proceeding. But the…
2Cases cited57 opinions
- McClellan v. CarlandSupreme Court of the United States · 1910
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Bronson v. SchultenSupreme Court of the United States · 1882
- Illinois Central Railroad v. BehrensSupreme Court of the United States · 1914
- United States v. Ju ToySupreme Court of the United States · 1905
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3Cited by9 opinions
- United States v. MayerSupreme Court of the United States · 1914
- Payne v. GarthCourt of Appeals for the Eighth Circuit · 1922
- Equitable Trust Co. v. Western Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1916
- United States v. BruceDistrict Court, W.D. Kentucky · 1943
- State v. TellockSupreme Court of Minnesota · 1962
4 more not listed; retrieve them via the Exa API.