Jaffke v. Dunham
352 U.S. 280 (1957)

Annotate this Case

U.S. Supreme Court

Jaffke v. Dunham, 352 U.S. 280 (1957)

Jaffke v. Dunham

No. 60

Argued December 12, 1956

Decided January 14, 1957

352 U.S. 280

Syllabus

The District Court entered judgment for petitioner, although it struck from the record an affidavit offered in evidence by petitioner in support of his claim. The Court of Appeals reversed on the ground that petitioner had failed to prove his claim. In doing so, it refused to consider the action of the District Court in striking the affidavit, because petitioner had not cross-appealed.

Held:

1. If the District Court erred in striking the affidavit, a cross-appeal by petitioner was not prerequisite to the Court of Appeals' considering the affidavit in support of the District Court's judgment. P. 352 U. S. 281.

2. On remand of this case, the Court of Appeals should consider the questions of the admissibility and weight of the affidavit and whether relevant admissible evidence established a constructive trust under Illinois law. P. 352 U. S. 281.

229 F.2d 232 reversed and remanded.

Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.