United States v. Petercuskie

Third Circuit

United States v. Petercuskie

104 F.2d 149, 1939 U.S. App. LEXIS 4098

CourtCourt of Appeals for the Third Circuit

DecidedMarch 21, 1939

DocketNo. 6981

StatusPublished

This text of 104 F.2d 149 (United States v. Petercuskie) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Petercuskie, 104 F.2d 149, 1939 U.S. App. LEXIS 4098 (3d Cir. 1939).

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Opinion

PER CURIAM.

The record of this case discloses that a jurisdictional fact (18 U.S.C. § 601, 18 U.S.C.A. § 601) raised by the petition was denied by the answer and that the question presented was resolved in petitioner’s favor without evidence in respect thereto being offered to the court. This was error. Accordingly the order appealed from is reversed and the cause is remanded with directions to the court below to hear and determine upon its merits the question raised by the petition and answer.

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PER CURIAM.

The record of this case discloses that a jurisdictional fact (18 U.S.C. § 601, 18 U.S.C.A. § 601) raised by the petition was denied by the answer and that the question presented was resolved in petitioner’s favor without evidence in respect thereto being offered to the court. This was error. Accordingly the order appealed from is reversed and the cause is remanded with directions to the court below to hear and determine upon its merits the question raised by the petition and answer.

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Bluebook (online)

104 F.2d 149, 1939 U.S. App. LEXIS 4098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-petercuskie-ca3-1939.

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