Supreme Court of the United States, 1934

E. R. Squibb & Sons v. Mallinckrodt Chemical Works

Supreme Court of the United States · Decided November 19, 1934 · Per Curiam

293 U.S. 190; 55 S. Ct. 135; 79 L. Ed. 279; 1934 U.S. LEXIS 19 (United States Reports)

Counsel

Mr. Frederick H. Wood for E. R. Squibb & Sons., Mr. Frank Y. Gladney, with whom Mr. Lawrence C. Kingsland was on the brief, for Mallinckrodt Chemical Works.

Cases that cite this one

10 later published cases cite this decision.

Commissioner of Internal Revenue v. Goodan, and Six Other Cases (9th Cir. 1952)
Burton v. Browning (7th Cir. 1946)
Robertson v. Morganton Full Fashioned Hosiery Co. (4th Cir. 1938)
American Surety Co. of New York v. Fischer Warehouse Co. (9th Cir. 1937)
Bailey v. Block (District Court, District of Columbia 1937)
Dreher v. United States (9th Cir. 1937)
Patrick v. United States (9th Cir. 1935)
Fisher v. Federal National Mortgage Association (District Court, D. Maryland 1973)
In re the Atlanta Times, Inc. (United States District Court for the Northern District of Georgia 1966)
United States v. Crescent Amusement Co. (Supreme Court of the United States 1944)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per Curiam.

The Circuit Court of Appeals has certified the following questions:

“ Question 1. Where, on an appeal properly in this court, the appellee contends that one of the assignments of errors has been abandoned and all others are not presentable because defective either as assignments of errors or as specifications of errors and urges affirmance of the decree appealed from and this court determines that such contention is well founded in all respects and that no issue on the merits is, for such reasons, presentable to it, is it proper to affirm the decree appealed from?

*191 “ Question 2. If question 1 should be answered in the negative, should the order of this court be a dismissal without prejudice? ”

Where an appellant fails to file assignments of error as required by the applicable rule (28 U. S. C. 862, 880; Rule No. 11 of the Rules of the Circuit Court of Appeals for the Eighth Circuit), the appeal may be dismissed. Compare Rules of this Court No. 9 and No. 27, pars. 4, 5. But where an appeal is properly before the Court and, upon hearing the appeal, the Court determines that such assignments of error as have been duly filed have been abandoned, the Court may affirm the decree from which the appeal is taken.

Question No. 1 is answered in the affirmative.

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