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Federal Practice - Power Of United States Supreme Court To Entertain Writ Of Certiorari Where Appeal Has Been Erroneously Taken

Michigan Law Review

Judgment for the plaintiff in a law action was affirmed by the circuit court of appeals, first circuit, and defendant appealed to the Supreme Court of the United States and at the same time petitioned for a writ of certiorari. The appeal was dismissed for want of jurisdiction, and appellee contended that the petition for certiorari could not be entertained under par. (b) of sec. 240, Judicial Code, as amended by Act of February 13, 1925 (c. 229, 43 Stat. 936, 938, 939; U.S. C. A. tit. 28, sec. 347). Held, that the writ of certiorari could be granted, …