Legal Opinion
Austin v. United States
District Court, E.D. Illinois
Decided September 26, 1941No. 361PublishedCited by 1 opinion
1Opinion of the Court
LINDLEY, District Judge.
Plaintiff applies for leave to prosecute her appeal to the United States Circuit Court of Appeals as a poor person. She alleges that she- is a citizen of the United States. However, the record discloses that she is a convict in the state penitentiary, in pursuance of a judgment of conviction for the murder of her husband. Inasmuch as the federal statute, 28 U.S.C.A. § 832, fixes as one of the requisites of an allowance to appeal as a poor person that the applicant be a citizen and such provision has been repeatedly held to be a condition precedent to allowance of the…
2Cases cited11 opinions
- Kinney v. Plymouth Rock Squab Co.Supreme Court of the United States · 1915
- People v. RussellIllinois Supreme Court · 1910
- Boyle v. Great Northern Ry. Co.U.S. Circuit Court for the District of Washington · 1894
- Quittner v. Motion Picture Producers & Distributors of America, Inc.Court of Appeals for the Second Circuit · 1934
- De Maurez v. SwopeCourt of Appeals for the Ninth Circuit · 1938
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Roberts Ex Rel., Inmates of the California State Prison for Men at Represa, Cal. v. State of California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1950