Jaffke v. Dunham, 352 U.S. 280 (1957)

Jaffke v. Dunham

No. 60

Argued December 12, 1956
Decided January 14, 1957
352 U.S. 280

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

The District Court entered judgment for petitioner, although it struck from the record an affidavit offered in evidence by petitioner in support of his claim. The Court of Appeals reversed on the ground that petitioner had failed to prove his claim. In doing so, it refused to consider the action of the District Court in striking the affidavit, because petitioner had not cross-appealed.

Held:

1. If the District Court erred in striking the affidavit, a cross-appeal by petitioner was not prerequisite to the Court of Appeals’ considering the affidavit in support of the District Court’s judgment. P. 281.

2. On remand of this case, the Court of Appeals should consider the questions of the admissibility and weight of the affidavit and whether relevant admissible evidence established a constructive trust under Illinois law. P. 281.

229 F.2d 232 reversed and remanded.