Page:United States Statutes at Large Volume 62 Part 1.djvu/993

 62 STAT.] 80rH CONG., 2D SESS.-CH. 646- -JUNE 25, 1948 § 2105. Scope of review; abatement There shall be no reversal in the Supreme Court or a court of appeals for error in ruling upon matters in abatement which do not involve jurisdiction. § 2106. Determination The Supreme Court or any other court of appellate jurisdiction may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review, and may remand the cause and direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the circumstances. § 2107. Time for appeal to court of appeals Except as otherwise provided in this section, no appeal shall bring any judgment, order or decree in an action, suit or proceeding of a civil nature before a court of appeals for review unless notice of appeal is filed, within thirty days after the entry of such judgment, order or decree. In any such action, suit or proceeding in which the United States or an officer or agency thereof is a party, the time as to all parties shall be sixty days from such entry. In any action, suit or proceeding in admiralty, the notice of appeal may be filed within ninety days after the entry of the order, judg- ment or decree appealed from. The district court, in any such action, suit or proceeding, may extend the time for appeal not exceeding thirty days from the expiration of the original time herein prescribed, upon a showing of excusible neg- lect based on failure of a party to learn of the entry of the judgment, order or decree. This section shall not apply to bankruptcy matters or other proceed- ings under Title 11. § 2108. Proof of amount in controversy Where the power of any court of appeals to review a case depends upon the amount or value in controversy, such amount or value, if not otherwise satisfactorily disclosed upon the record, may be shown and ascertained by the oath of a party to the case or by other compe- tent evidence. § 2109. Quorum of Supreme Court justices absent If a case brought to the Supreme Court by direct appeal from a district court cannot be heard and determined because of the absence of a quorum of qualified justices, the Chief Justice of the United States may order it remitted to the court of appeals for the circuit including the district in which the case arose, to be heard and deter- mined by that court either sitting in bane or specially constituted and composed of the three circuit judges senior in commission who are able to sit, as such order may direct. The decision of such court shall be final and conclusive. In the event of the disqualification or dis- ability of one or more of such circuit judges, such court shall be filled as provided in chapter 15 of this title. In any other case brought to the Supreme Court for review, which cannot be heard and determined because of the absence of a quorum of qualified justices, if a majority of the qualified justices shall be of opinion that the case cannot be heard and determined at the next ensuing term, the court shall enter its order affirming the judgment of the court from which the case was brought for review with the same effect as upon affirmance by an equally divided court. 963 Extension of time. Ante, p. 02.

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