Rossi v. United States

Eighth Circuit

Rossi v. United States

21 F.2d 747, 1927 U.S. App. LEXIS 2763

CourtCourt of Appeals for the Eighth Circuit

DecidedMarch 22, 1927

DocketNos. 7470, 7473

StatusPublished

Cited by2 cases

This text of 21 F.2d 747 (Rossi v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rossi v. United States, 21 F.2d 747, 1927 U.S. App. LEXIS 2763 (8th Cir. 1927).

Pincite

Opinion

PER CURIAM.

In these causes Charles Costabile, administrator of the estate of Caroline Rossi, deceased, has filed a suggestion of the death of the plaintiff in error, and asks leave to be made a party to the record so that he can join in the petition for a rehearing.

It appearing that the plaintiff in error in these causes, Caroline Rossi, departed this life on November 8,1926, before the entry of judgments by this court herein on December 20, 1926, and that this court was not advised of such demise before entry of judgments, it is now here ordered and adjudged by tbis court that the said judgments of December 20,1926, in these causes, be, and they are each hereby, vacated, set aside, and held for naught, and, it further appearing that these are criminal cases, it is considered by this court that these causes abated by the death of the plaintiff in error.

Therefore it is further ordered and adjudged by this court that the writs of error in these causes be, and they are each hereby, dismissed, without costs' to either party in this court. List v. Pennsylvania, 131 U. S. 396, 9 S. Ct. 794, 33 L. Ed. 222; United States v. Pomeroy (C. C.) 152 F. 279; United States v. Mitchell (C. C.) 163 F. 1014; United States v. Dunne (C. C. A.) 173 F. 254, 19 Ann. Cas. 1145; Pino v. United States (C. C. A.) 278 F. 479. And it is further ordered that the mandates of this court in these causes issue forthwith to the said District Court.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

In these causes Charles Costabile, administrator of the estate of Caroline Rossi, deceased, has filed a suggestion of the death of the plaintiff in error, and asks leave to be made a party to the record so that he can join in the petition for a rehearing.

It appearing that the plaintiff in error in these causes, Caroline Rossi, departed this life on November 8,1926, before the entry of judgments by this court herein on December 20, 1926, and that this court was not advised of such demise before entry of judgments, it is now here ordered and adjudged by tbis court that the said judgments of December 20,1926, in these causes, be, and they are each hereby, vacated, set aside, and held for naught, and, it further appearing that these are criminal cases, it is considered by this court that these causes abated by the death of the plaintiff in error.

Therefore it is further ordered and adjudged by this court that the writs of error in these causes be, and they are each hereby, dismissed, without costs' to either party in this court. List v. Pennsylvania, 131 U. S. 396, 9 S. Ct. 794, 33 L. Ed. 222; United States v. Pomeroy (C. C.) 152 F. 279; United States v. Mitchell (C. C.) 163 F. 1014; United States v. Dunne (C. C. A.) 173 F. 254, 19 Ann. Cas. 1145; Pino v. United States (C. C. A.) 278 F. 479. And it is further ordered that the mandates of this court in these causes issue forthwith to the said District Court.

Cite This Page — Counsel Stack

Bluebook (online)

21 F.2d 747, 1927 U.S. App. LEXIS 2763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rossi-v-united-states-ca8-1927.

Opinion

Related

Cite This Page — Counsel Stack