LUTJENS v. UNITED STATES

No. 5066.

24 F.2d 102 (1928)

LUTJENS v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

February 13, 1928.


Attorney(s) appearing for the Case

J. N. Gillett and H. H. North, both of San Francisco, Cal., for plaintiff in error.

Geo. J. Hatfield, U. S. Atty., and T. J. Sheridan, Asst. U. S. Atty., both of San Francisco, Cal.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.


DIETRICH, Circuit Judge.

There is a preliminary question of our jurisdiction. Admittedly the writ of error was not sued out until February 23, 1927. The petition for the writ refers to an "order and judgment" on "the 20th day of December, 1926," and the order allowing it to "the decision and judgment" of that date. No judgment at all was made or entered on December 20th, and the only order or decision made on that date consisted of a rejection of certain supplementary...

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