U.S. Court of Appeals for the First Circuit, 1914

Kinney v. Plymouth Rock Squab Co.

Kinney v. Plymouth Rock Squab Co.
U.S. Court of Appeals for the First Circuit · Decided April 22, 1914
213 F. 449; 130 C.C.A. 586; 1914 U.S. App. LEXIS 1903

Counsel

Mr. Kinney, for plaintiff in error., John S. Patton, of Boston, Mass., for defendants in error.

Kinney v. Plymouth Rock Squab Co.

Cases that cite this one

6 later published cases cite this decision.

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Opinion of the Court

PER CURIAM.

The court, having fully considered the affidavit of prejudice filed by the plaintiff in error on March 10, 1914, and the brief in support-thereof, is of the opinion that the statute under which the affidavit is filed, namely, section 21 of the Judicial Code of March 3, 1911, is so framed that evidently it does not apply to an appellate tribunal. Consequently the affidavit must be dismissed.

Ordered that the affidavit filed by the plaintiff in error on March 10, 1914, entitled β€œAn Affidavit of Prejudice under the Statute of March 3, 1911,” is dismissed, and the case will stand for trial in the order heretofore assigned to it.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.