in all proceedings in said Circuit Court of Appeals in the case therein, entitled on petition of to the end that said case ... against for review No. may be reviewed and determined by this court, as provided by law; and that the judgment of the said Circuit Court of Appeals in said case may be reversed by this Honorable Court. And that petitioner may have such other and further relief as may seem meet and proper. And your petitioner will ever pray. Attorney for petitioner, Petitioner. [Verification.] Cross-references.— See § 25, ante. 26 U. S. Stat. at Large, 826-829; 38 Stat. 803, 804, chap. 22. Certiorari. See rules of supreme court as to writs of certiorari directed to Circuit Court of Appeals only, and may be asked only in those cases where the ultimate decision of that court is final. Mueller v. Nugent, 7 Am. B. R. 224, 184 U. S. 1, 46 L. Ed. 405. Louisville Trust Co. v. Cominger, 7 Am. B. R. 421, 184 U. S. 18, 46 L. Ed. 413. Forsyth v. Hammond, 166 U. S. 506, 41 L. Ed. 1095. First National Bank v. Chicago Title & Trust Co., 14 Am. B. R. 102, 198 U. S. 280, 49 L. Ed. 1051, rev'g 11 Am. B. R. 79, 134 Fed. 562, 67 Ɑ C. A. 486. Application by petition to Supreme Court with printed record of the case; must file certified copy of the entire record in Circuit Court of Appeals. Application must be made within a reasonable time. Return to the writ should be by the clerk under his hand and the seal of the court. Decided on briefs; oral argument not permitted. Effect of writ if granted is to remove the question to the Supreme Court. American Construction Co. v. Jacksonville, etc., 148 U. S. 372, 37 L. Ed. 486. Cases where writ has been held to lie and been granted. In re Watts, 10 Am. B. R. 113, 190 U. S. 1, 47 L. Ed. 933. Holden v. Stratton, 10 Am. B. R. 786, 191 U. S. 115, 48 L. Ed. 116. Right to apply for. In re Hudson River Electric Co., 25 Am. B. R. 873, 184 Fed. 970. 66 Judgments and decrees of Circuit Court of Appeals in all proceedings and cases arising under Bankruptcy Act and in all controversies arising in such proceedings and cases shall be final, save only that it shall be competent for the Supreme Court to require by certiorari upon the petition of any party thereto that the proceeding, case or controversy be certified to it for review and determination with the same force and authority as if taken to that court by appeal or writ of error; petition to be presented therefor within three months from the date of such judgment or decree." "Above provision applies to all cases including those involving and requiring interpretation of State statutes and application of the Federal Constitution. Appeal from 221 Fed. 829 dismissed." Central Trust Co. of Illinois, Trustee v. Lueders (U. S. Sup.), 239 U. S. 11, 35 Am. B. R. 730. Form No. 445 NOTICE OF APPLICATION TO THE SUPREME COURT FOR WRIT OF CERTIORARI (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 386.) .... day of ..... ....... Notice is hereby given that the defendant in error (or Appellee) will on Monday, the 19..., upon his duly verified petition and a certified copy of the entire record in this cause move before the Supreme Court of the United States in the court room thereof, at the Capitol Building, in the City of Washington, D. C., on the opening of court on that day or as soon thereafter as counsel can be heard, for a writ of certiorari removing this cause to said Supreme Court of the United States and that a copy of said petition and brief in support thereof, are herewith delivered to you. Το Dated .... 19... Esq., Attorney for Defendant in Attorney for Plaintiff in Error (or Appellant). Form No. 446 MOTION FOR WRIT OF CERTIORARI FROM THE SUPREME COURT TO A CIRCUIT COURT OF APPEALS (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 387.). The Supreme Court of the United States, ... counsel, and moves this Honorable Court that it shall by certiorari or other proper process directed to the Honorable, the Judges of the United States Circuit Court of Appeals for the Circuit, require said court to certify to this court for its review and determination a certain cause in said Court of Appeals lately pending, wherein the respondent, was plaintiff in error (or defendant in appellant) and your petitioner, error, (or appellee,) and to that end it now tenders herewith its. petition and brief with a certified copy of the entire record in said cause in said Circuit Court of Appeals. Counsel. Form No. 447 WRIT OF CERTIORARI FROM THE SUPREME COURT TO A CIRCUIT COURT OF APPEALS (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 388.) The United States of America, ss.: The President of the United States of America, to the Honorable the Judges of the United States Circuit Court of Appeals for the Greeting: Circuit, Being informed that there is now pending before you a suit (or proceedings) in which is plaintiff in error (or .... appellant) and .. is defendant in error (or appellee), which suit (or proceeding) was removed into the said Circuit Court of Appeals by virtue of writ of error to (or appeal from) the district court of the United States for the district of .... ..... and we, being willing, for certain reasons, that the said cause and the record and proceedings therein should be certified by the said Circuit Court of Appeals and removed into the Supreme Court of the United States, do hereby command you that you send without delay to the said Supreme Court, as aforesaid, the record and proceedings in said cause, so that the said Supreme Court may act thereon as of right and according to law ought to be done. [Seal.] CERTIFICATE OF QUESTION OF JURISDICTION BY DISTRICT COURT TO SUPREME COURT (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 389.) of The District Court of the United States for the District hereby certifies to the Supreme Court of the United States, that on the ...... day of ..... 19..., a judgment was entered in the above entitled proceeding in accordance with the decision of said court dismissing said proceeding for want of jurisdiction. A copy of the petition, answer and transcript of the proceedings had herein, are contained in the case on appeal herein to which reference is had. And this court further certifies that in said proceeding the jurisdiction of this court is in issue and further certifies to the Supreme Court said question of jurisdiction as raised by the pleadings herein, namely, to wit: CERTIFICATE OF QUESTION OF LAW IN A BANKRUPTCY PROCEEDING BY A CIRCUIT COURT OF APPEALS TO THE SUPREME COURT (Hagar and Alexander's Bankruptcy Forms [2d Ed.], No. 390.) The United States Circuit Court of Appeals, hereby certifies to the Supreme Court of the United States that: This is an appeal from the District Court of the ... District of sitting as a court of bankruptcy, disallowing a claim filed by the appellants against the bankruptcy estate exceeding five hundred dollars in amount. From the transcript of the record it appears: First. That the ... Company is a corporation organ ized and existing under the laws of the State of and was engaged in business at the City of .... |