Opinion · Supreme Court of the United States

Bilik v. Strassheim

212 U.S. 551

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1908-10-19
Topic
general

Per Curiam: Dismissed for want of jurisdiction.

Citator

UpLaw has not yet analyzed Bilik v. Strassheim. The absence of a flag is not a finding that it is good law.

Cited by
15 opinions
BILIKv. STRASSHEIM,212 U.S. 551(1908)
29 S.Ct. 684
BILIKv. STRASSHEIM, SHERIFF OF COOK COUNTY, ILLINOIS.
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT
OF ILLINOIS.
No. 445.
Motion to dismiss or affirm. — Submitted October 13, 1908.
Decided October 19, 1908.
Appeal from judgment of Circuit Court, denying petition for writ ofhabeas corpuswhere petitioner was held under process of the state court, dismissed for want of jurisdiction. There was no certificate of probable cause for allowing the appeal as required by the act of March 10, 1908, c. 76,35 Stat. 40.1
Mr. Francis E. HinckleyandMr. S.S. Gregoryfor appellant.Mr. John J. Healy, State Attorney,Mr. Erasmus C. LindleyandMr. James J. Barbourfor appellee.
Per Curiam:
Dismissed for want of jurisdiction.Page 552
  1. Page 551 The act in question is as follows:

    CHAP. 76. — An Act Restricting in certain cases the right of appeal to the Supreme Court inhabeas corpusproceedings.Be it enacted by the Senate and House of Representatives ofthe United States of America in Congress assembled, That from a final decision by a court of the United States in a proceeding inhabeas corpuswhere the detention complained of is by virtue of process issued out of a state court no appeal to the Supreme Court shall be allowed unless the United States court by which the final decision was rendered or a justice of the Supreme Court shall be of opinion that there exists probable cause for an appeal, in which event, on allowing the same, the said court or justice shall certify that there is probable cause for such allowance.

    Approved, March 10, 1908,35 Stat. 40. ↩