Yim Kim Lau v. United States

Supreme Court

Yim Kim Lau v. United States

286 U.S. 531, 52 S. Ct. 508, 76 L. Ed. 1272, 1932 U.S. LEXIS 634

CourtSupreme Court of the United States

DecidedMay 16, 1932

Docket785

StatusPublished

This text of 286 U.S. 531 (Yim Kim Lau v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Yim Kim Lau v. United States, 286 U.S. 531, 52 S. Ct. 508, 76 L. Ed. 1272, 1932 U.S. LEXIS 634 (1932).

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Opinion

Per Curiam:

The appeal to the Circuit Court of Appeals having been dismissed by that Court for the want of a bill of exceptions, and it appearing, and being conceded by the Government, that the review of the Circuit Court of Appeals was by appeal according to the applicable practice prior to the act of January 31, 1928, as amended (45 Stat. 54, 466), and that no bill of exceptions was necessary but that a duly authenticated record was required, the petition for writ of certiorari herein is granted, the judgment of the Circuit Court of Appeals is reversed, and the cause is remanded to that court with directions to consider the sufficiency of the authentication of the record, and, if the record be found defective in this respect, to exercise its discretion, if proper application be made, to determine whether an opportunity should be afforded for authentication of *532 the record so that the decision of the District Court maybe reviewed by the Circuit Court of Appeals.

Mr. Chauncey F. Eldridge for petitioner. Solicitor General Thacker, and Messrs. Whitney North Seymour, Harry S. Ridgely, and Wilbur H. Friedman for the United States.

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Per Curiam:

The appeal to the Circuit Court of Appeals having been dismissed by that Court for the want of a bill of exceptions, and it appearing, and being conceded by the Government, that the review of the Circuit Court of Appeals was by appeal according to the applicable practice prior to the act of January 31, 1928, as amended (45 Stat. 54, 466), and that no bill of exceptions was necessary but that a duly authenticated record was required, the petition for writ of certiorari herein is granted, the judgment of the Circuit Court of Appeals is reversed, and the cause is remanded to that court with directions to consider the sufficiency of the authentication of the record, and, if the record be found defective in this respect, to exercise its discretion, if proper application be made, to determine whether an opportunity should be afforded for authentication of *532 the record so that the decision of the District Court maybe reviewed by the Circuit Court of Appeals.

Mr. Chauncey F. Eldridge for petitioner. Solicitor General Thacker, and Messrs. Whitney North Seymour, Harry S. Ridgely, and Wilbur H. Friedman for the United States.

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Bluebook (online)

286 U.S. 531, 52 S. Ct. 508, 76 L. Ed. 1272, 1932 U.S. LEXIS 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yim-kim-lau-v-united-states-scotus-1932.