Legal Opinion

Brown v. Johnston

Court of Appeals for the Ninth Circuit

Decided October 12, 1938PublishedCited by 11 opinions

1Opinion of the Court

WILBUR, Circuit Judge.

This is a petition for leave to prosecute in forma pauperis an appeal from an order of the District Court denying petitioners’ writ of habeas corpus. Petitioners allege that on their application to proceed on appeal in forma pauperis made to the District Court that court issued an order which certified that the grounds for appeal were in law so frivolous in their nature as to show that petitioners’ appeal was not taken in good. faith.

The right to proceed on appeal in forma pauperis is entirely statutory. Kinney v. Plymouth Rock Squab Co., 236 U. S. 43, 35 S.Ct. 236, 59…

2Cases cited4 opinions

  1. Kinney v. Plymouth Rock Squab Co.Supreme Court of the United States · 1915
  2. Bradford v. Southern Railway Co.Supreme Court of the United States · 1904
  3. In re WraggCourt of Appeals for the Fifth Circuit · 1938
  4. Stanley v. SwopeCourt of Appeals for the Ninth Circuit · 1938

3Cited by11 opinions

  1. McCamant v. CommissionerUnited States Tax Court · 1959
  2. Smith v. JohnstonCourt of Appeals for the Ninth Circuit · 1940
  3. J. A. H. Barkeij v. Ford Motor Co.Court of Appeals for the Ninth Circuit · 1956
  4. Murrey v. United StatesCourt of Appeals for the Eighth Circuit · 1942
  5. Waley v. JohnstonCourt of Appeals for the Ninth Circuit · 1939

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