Wells v. United States, 318 U.S. 257 (1943)

Wells v. United States


No. 11, Original


Argued February 10, 1943
Decided March 1, 1943
318 U.S. 257

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT

Syllabus

1. Even though, in the light of all the circumstances, the Circuit Court of Appeals in this case could have allowed an appeal in forma pauperis to renew the adequacy of the District Court’s certificate (pursuant to the Act of June 25, 1910, as amended) that the appeal was not taken in good faith, it does not appear that an appeal was sought on that ground, or that there is anything of record to support such an appeal, and the order of the Circuit Court of Appeals denying leave to appeal in forma pauperis is therefore affirmed. P. 260.

2. What effect should be given to a certificate of bad faith in a case where the jurisdiction of the Circuit Court of Appeals attaches upon the mere filing of a notice of appeal, independently of any application for leave to appeal in forma pauperis, is not here decided. P. 260.

Affirmed.

Certiorari, 317 U.S. 616, to review an order of the Circuit Court of Appeals denying leave to appeal in forma pauperis.