Page:United States Statutes at Large Volume 43 Part 1.djvu/969

 938 sixrrnicnrn oouoiuiss. ssss. II. oe. 229. 1925. case where such a right is conferred by the preceding paragraph; nor shall the fact that a review on a writ of error might be obtained under the preceding paragraph be an obstacle to granting a review wm M mor not on certiorari under this paragraph. dismissed u ssmqmi "(c) If a writ of error be improvidently sought and allowed §{_§*‘°‘ “‘°d° °"°‘"""* under this section in a case where the proper mode of invoking a review is by a petition for certiorari, this alone shall not be a ground igrliliimissalg dug thedpaptegxés whereon the writ of error was allowed a e regar e an ac on as a etition or certiorari and as if duly presented to the Supreme Couiit at the time they were pre- Plwm sented to the court or judge by whom the writ of error was allowed: _ Damages, ses., grtno Plrofvzded, That where in such a case there appears to be no reason- $$2,f “'°‘m °’ able ground for granting a petition for certiorari it shall be competent for the Supreme _Court to adjudge to the respondent R S M mw P 189 reasoxézggle damtageslgug husthdegéy, an&1§;ti1ugl€ or double costs, as yirgugitdigéliiiv  “Sec. 238. A direct review by the Supreme Court of an intergyejpwmm Am 1***** locutory or final judgment or decree of a district court may be had V0,_38'p_80,_m&¤d_ where it 1s_ so provided in the following Acts or parts of Acts, and edi; _ mmmst not otherwise: gtgqcases, "(1) Section 2 of the Act of February 11, 1903, ‘ to e edite the V°*·"·“· ****2*- hearing and determination ’ of certain suits brought by iiie United Advm daemons in Sttates under the antitrust or interstate commerce laws, and so forth. .,rf.;.,ii.s¤c.,sss_ _ (2) The Act of March 2, 1907, ‘ providing for writs of error ° 3‘*·*’·‘2‘°· in certain instances in criminal cases’ where the decision of the Rmrmugmmlom district court is adverse to the United States. tm-y injdddms againt "(3) An Act restricting the issuance of interlocutory injunctions S‘€,§l“‘§2°‘g_ ,,,,3, to suspend the enforcement of the statute of a State or of an order ==m¤¤¤¤<i· made by dan zzlministratiige bémrd or commission created by and . actin un er the statute o a tate a roved March 4 191 ` p£$2§12Z°Ti°i1iigZ Act ig hereby amended by adding sit iii; end thereof, "i[vl1B3Il€:]VllE¥g} ’“d“°’·°‘°· ment respecting the presence of three judges shall also apply to the tuigxallhegring in séich suit in lthe dlistricit court; and a direct appeal t e upreme ourt ma e ta en rom a iinal decree ntinv Judgmm em on or denying a permanent iniinction in such suit.’ gm ia Interstate ésmniems “(4) So much of ‘An Act makin appro riations to supply urgent deficiencies in appropriations fir the fiscal year 1913, and ’ for_ other purposes} approved October 22, 1913, as relates to the review of interlocutory and iinal &udgments and decrees in suits gimelnforce, suipendzilor ict uiide or erstoffthe Interstate Commerce mission o er an or e a men o mone. c4?¤?¤i;ie2y Ii1:i»°¤iiiiiii? "(5) Section 316 of ‘An Act? tb regulate intelrstate and foreign §§,'},,,“,?_€§‘§_ “""“°°k· commerce in livestock, livestock products, dairy products, poultry, "¤*·*2· ¤· 16** poultry products, and eggs, and for other purposes’ approved ugust 15, 1921. {; gi:§=·dm§g “Sec. 239. In any case, civil or criminal, in a circuit court of vox. ae, p. nav, appeals, or in the Court of Appeals of the District of Columbia, the '““°”"°d· court at any time may certify to the Supreme Court of the United A,,,h0my 0,00,,,,, States any questions or propositionsof law concerning which instructions are desired for the proper decision of the cause; and thereupon the Supreme Court may either give binding instructions on the questions and propositions certified or may require that the entire record in the cause be sent up for its consideration, and thereupon shall decide the whole matter in controversy in the same manner as Allowance of M_ if it had been brought there by writ of error or appeal." udmdm ¤¤urgs_drs;» Sec. 240. (a) In any case, civil or criminal, in a circuit court of g,;"§,?’,,§‘,,‘§,,{’°""°“ °' appeals, or in the Court of Appeals of the District of Columbia, it m::&_d§6» ¤- 115% shall be competent for the Supreme Court of the United States, upon the petition of any party thereto, whether Government or other litigant, to require by certiorari, either before or after a judgment
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