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Berger v. United States, 255 U.S. 22 (1921)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Berger v. United States, 255 U.S. 22 (1921)
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Berger v. United States No. 460 Argued December 9, 1920 Decided January 31, 1921 255 U.S. 22
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
1. Upon the filing of an affidavit of a party to a case in the district court, in conformity with Jud.Code § 21, averring the affiant’s belief that the judge before whom the case is to be tried has a personal bias or prejudice against him, and stating facts and reasons, substantial in character and which, if true, fairly establish a mental attitude of the judge against the affiant which may prevent impartiality of judgment, it becomes the duty of the judge to retire from the case. P. 30.
2. The judge may pass upon the sufficiency of the affidavit, but not upon the truth or falsity of the acts alleged. Id.
3. The facts may be alleged upon the affiant’s information and belief. P. 34.
4. Held that the affidavit filed in this case was sufficient.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Berger v. United States, 255 U.S. 22 (1921) in 255 U.S. 22 255 U.S. 23–255 U.S. 26. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=F16EA84EUYWGJXI.
MLA: U.S. Supreme Court. "Syllabus." Berger v. United States, 255 U.S. 22 (1921), in 255 U.S. 22, pp. 255 U.S. 23–255 U.S. 26. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=F16EA84EUYWGJXI.
Harvard: U.S. Supreme Court, 'Syllabus' in Berger v. United States, 255 U.S. 22 (1921). cited in 1921, 255 U.S. 22, pp.255 U.S. 23–255 U.S. 26. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=F16EA84EUYWGJXI.
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