Heitler v. United States, 260 U.S. 438 (1923)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 260 U.S. 427, click here.

Heitler v. United States


Nos. 185-189


Motion to transfer to circuit court of appeals
submitted December 11, 1922
Decided January 2, 1923
260 U.S. 438

ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF ILLINOIS

Syllabus

1. Under the Act of September 14, 1922, c. 305, 42 Stat. 837, a case brought here from the district court upon the mistaken assumption that it presents a substantial constitutional question, but which involves other questions within the jurisdiction of the circuit court of appeals, should be transferred to that court. P. 439.

2. This statute should be construed liberally. P. 440.

Cases transferred.

Applications to transfer these cases, heretofore dismissed for want of jurisdiction (post, 703), to the circuit court of appeals. For the opinion of the district court, see 274 F. 401.