Alaska Packers Assn. v. Pillsbury, 301 U.S. 174 (1937)

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Alaska Packers Assn. v. Pillsbury

No. 558

Argued March 9, 1937
Decided April 26, 1937
301 U.S. 174

CERTIORARI TO THE CIRCUIT COURT OF APPEAL

FOR THE NINTH CIRCUIT

Syllabus

1. The rule of the Circuit Court of Appeals for the Ninth Circuit which would permit an appeal to be taken in admiralty by simply filing in the office of the clerk of the District Court and serving on the proctor for the adverse party a notice of appeal is in conflict with § 8(c) of the Act of February 13, 1925, 28 U.S.C. 230, which, in admiralty as in equity cases, requires an application and judicial allowance. P. 175.

2. A rule of court in conflict with a statute is void. P. 177.

78 F.2d 587 reversed.

Certiorari, 299 U.S. 538, to review an order of the Circuit Court of Appeals overruling a motion to dismiss an appeal in admiralty. That court’s decision on the merits was not included for consideration in the order granting certiorari.