United States Supreme Court Cases & Opinions

U.S. Supreme Court

Berger v. United States, 255 U.S. 22 (1921)

Berger v. United States

No. 460

Argued December 9, 1920

Decided January 31, 1921

255 U.S. 22

Syllabus

1. Upon the filing of an affidavit of a party to a case in the district court, in conformity with Jud.Code § 21, averring the affiant's belief that the judge before whom the case is to be tried has a personal

Page 255 U. S. 23

bias or prejudice against him, and stating facts and reasons, substantial in character and which, if true, fairly establish a mental attitude of the judge against the affiant which may prevent impartiality of judgment, it becomes the duty of the judge to retire from the case. P. 255 U. S. 30.

2. The judge may pass upon the sufficiency of the affidavit, but not upon the truth or falsity of the acts alleged. Id.

3. The facts may be alleged upon the affiant's information and belief. P. 255 U. S. 34.

4. Held that the affidavit filed in this case was sufficient.

The case is stated in the opinion.

Page 255 U. S. 26