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 CourtJustice McKenna
the court.
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 of proceeding is. to be tried or heard has a personal bias Or prejudice either against him or in favor of any opposite party to the suit, such judge *27shall proceed no further therein, but another judge shall be designated in the manner prescribed in the section last preceding, or chosen in the manner.prescribed in section twenty-three,, to hear such matter. Every such affidavit shall state .the…
2Cases cited2 opinions
- Ex Parte American Steel Barrel Co.Supreme Court of the United States · 1913
- Glasgow v. MoyerSupreme Court of the United States · 1912
3Cited by734 opinions
- Liteky v. United StatesSupreme Court of the United States · 1994
- United States v. Grinnell Corp.Supreme Court of the United States · 1966
- Aetna Life Insurance v. LavoieSupreme Court of the United States · 1986
- United States v. HaldemanCourt of Appeals for the D.C. Circuit · 1976
- United States v. PhillipsCourt of Appeals for the Fifth Circuit · 1981
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