Moran v. Dillingham, 174 U.S. 153 (1899)

Moran v. Dillingham

No. 243

Submitted April 17, 1899
Decided May 1, 1899
174 U.S. 153

CERTIORARI TO THE CIRCUIT COURT OF

APPEALS FOR THE FIFTH CIRCUIT

Syllabus

The provision of the act of 1891, c. 517, § 3, that no judge before whom "a cause or question may have been heard or tried" in a district or circuit court shall sit "on the trial or hearing of such cause or question" in the circuit court of appeals disqualifies a judge who has once beards cause upon its merits in the circuit court from sitting in the circuit court of appeals on the hearing and decision of any question in the same cause which involves in any degree matter on which he had occasion to pass in the circuit court.

The case is stated in the opinion of the Court.