U. S. & Cuban Co. v. Lloyds, 265 U.S. 454 (1924)

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United States & Cuban Allied Works


Engineering Corporation v. Lloyds
No. 940


Motion to dismiss or remand submitted May 26, 1924
Decided June 9, 1924
265 U.S. 454

ON TRANSFER FROM THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

A case cannot be transferred to this Court from the circuit court of appeals, under the Transfer Act of September 14, 1922, if the writ of error from that court was sued out after the expiration of the period allowed by the Act of September 6, 1916, for applying to this Court for process to review the judgment of the district court. McMillan Co. v. Abernathy, 263 U.S. 438. P. 456.

Case remanded to circuit court of appeals.

A judgment of the district court quashing the service of summons in an action on a marine insurance policy was taken by writ of error to the circuit court of appeals, which, believing itself without jurisdiction, ordered the case transferred to this Court.