Lederer v. McGarvey
271 U.S. 342 (1926)

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U.S. Supreme Court

Lederer v. McGarvey, 271 U.S. 342 (1926)

Lederer v. McGarvey

No. 120

Argued March 3, 1926

Decided May 24, 1926

271 U.S. 342

Syllabus

When, upon the hearing of a certificate from the Circuit Court of Appeal, the plaintiff in error concede that answer to the questions certified can avail nothing, owing to his incapacity to litigate the claim to which they relate, the certificate (the other party not opposing) will be dismissed. P. 271 U. S. 343.

Certificate dismissed.

Questions certified by the circuit court of appeals upon a writ of error to a judgment of the district court, 4 F.2d 418, which allowed recovery from the Collector of taxes assessed for violations of the liquor regulations and overruled a counterclaim set up by the Collector for the full penal amount of the plaintiff's surety bond. See also case preceding.

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