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FIELDS v. UNITED STATES

No. 395.

205 U.S. 292 (1907)

FIELDS v. UNITED STATES.

Supreme Court of United States.

Decided April 8, 1907.

Attorney(s) appearing for the Case

Mr. Frank J. Hogan and Mr. John C. Gittings, with whom Mr. Henry E. Davis was on the brief, for plaintiff in error.

Mr. James S. Easby-Smith, Special Assistant to the Attorney General, with whom The Solicitor General was on the brief, for defendant in error.

MR. JUSTICE BREWER, after making the foregoing statement, delivered the opinion of the court.

The petition for a certiorari must be first considered. A certiorari can be issued only when a writ of error cannot. 26 Stat. 828, sec. 6, last two paragraphs. There have been two or three instances in which, after a writ of error has been allowed, an application for a certiorari has been filed, the latter because of doubt whether...

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