U.S. Court of Appeals for the Ninth Circuit, 1941

Holiday v. Johnston

Holiday v. Johnston
U.S. Court of Appeals for the Ninth Circuit · Decided November 21, 1941 · Denman, Garrecht, Wilbur
123 F.2d 867; 1941 U.S. App. LEXIS 2838 (Federal Reporter, Second Series)

Holiday v. Johnston

Opinion of the Court

WILBUR, Circuit Judge.

The petitioner asks leave to proceed on appeal in forma pauperis, after denial of a similar application by the District Court, which certified that the appeal was not taken in good faith.

This court has no power to allow the application where the District Court so certifies. The appeal is a matter of right, but the right to proceed without the payment of costs is regulated by statute. 28 U.S.C.A. § 832; Brown v. Johnston, 9 Cir., 99 F.2d 760; Waley v. Johnston, 9 Cir., 104 F.2d 760; Smith v. Johnston, 9 Cir., 109 F.2d 152, 156.

Application denied.

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