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Biddle v. Luvisch

U.S.
Nov 17, 1924
266 U.S. 173 (1924)

Opinion

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT.

No. 96.

Argued October 21, 1924. Decided November 17, 1924.

A certificate from the Circuit Court of Appeals should submit definite questions of law arising upon the record and not send up in effect the whole case. Only substantial matters in approved form should be so presented. Certificate dismissed.

CERTIFICATE from the Circuit Court of Appeals asking instructions, in a case of habeas corpus appealed to it from the District Court. The body of the certificate is given below in a footnote.

Mr. Assistant Attorney General Donovan, with whom Mr. Solicitor General Beck and Mr. Harry S. Ridgely were on the brief, for Biddle, Warden.

Mr. I.J. Ringolsky, with whom Mr. L.S. Harvey, Mr. M.L. Friedman and Mr. Wm. G. Boatright were on the briefs, for Luvisch.


This certificate fails to meet often announced requirements and must be dismissed. It does not submit one or more definite questions of law arising upon the record but, in effect, asks decision of the whole case. Waterville v. Van Slyke, 116 U.S. 699, 700, 704; Jewell v. Knight, 123 U.S. 426, 433; Cross v. Evans, 167 U.S. 60, 63, 65; United States v. Union Pacific Ry. Co., 168 U.S. 505, 512, 513; Chicago, Burlington Quincy Ry. Co. v. Williams, 205 U.S. 444, 452; Hallowell v. United States, 209 U.S. 101, 106, 107.

The constantly increasing demands upon us make it highly important that only matters which are both substantial and in approved form should be presented.

Certificate dismissed.


Summaries of

Biddle v. Luvisch

U.S.
Nov 17, 1924
266 U.S. 173 (1924)
Case details for

Biddle v. Luvisch

Case Details

Full title:BIDDLE, WARDEN OF THE UNITED STATES PENITENTIARY AT LEAVENWORTH, KANSAS, v…

Court:U.S.

Date published: Nov 17, 1924

Citations

266 U.S. 173 (1924)