Lederer v. McGarvey, 271 U.S. 342 (1926)

Lederer v. McGarvey


No. 120


Argued March 3, 1926
Decided May 24, 1926
271 U.S. 342

ON CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT

Syllabus

When, upon the hearing of a certificate from the Circuit Court of Appeal, the plaintiff in error concede that answer to the questions certified can avail nothing, owing to his incapacity to litigate the claim to which they relate, the certificate (the other party not opposing) will be dismissed. P. 343.

Certificate dismissed.

Questions certified by the circuit court of appeals upon a writ of error to a judgment of the district court, 4 F.2d 418, which allowed recovery from the Collector of taxes assessed for violations of the liquor regulations and overruled a counterclaim set up by the Collector for the full penal amount of the plaintiff’s surety bond. See also case preceding.