Spruill v. Temple Baptist Church
| Decision Date | 31 January 1944 |
| Docket Number | Misc. No. 41. |
| Citation | 141 F.2d 137,78 US App. DC 324 |
| Parties | SPRUILL v. TEMPLE BAPTIST CHURCH. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Georgia M. Spruill, pro se.
No appearance for respondent.
Before GRONER, Chief Justice, and MILLER and EDGERTON, Associate Justices.
In the case of Waterman v. McMillan,1 this court interpreted the statute relating to appeals in forma pauperis and outlined the procedure to be followed in presenting such an application to this court. Among other things, we said — following the guidance of the Supreme Court in Wells v. United States2 —
In the present case, we have for consideration a notice of appeal and petition to proceed in forma pauperis, attached to which is the following certificate: It remains to be determined, therefore, whether a showing has been made that the certificate above set forth was made without warrant, or was not made in good faith. An examination of the notice and petition filed in this court reveals no such showing. It is suggested by the petitioner that the certificate of Justice Letts is "a statement after the case on appeal was out of the jurisdiction of that court * * *." On the contrary, the case was, for that purpose, within the jurisdiction of the court and the certificate constitutes an express compliance with the requirement of the statute.
The notice and petition suggests, further, that the certificate of the trial judge constitutes a repudiation of the earlier order signed by the Chief Justice of the District Court, permitting the petitioner to proceed in that court in forma pauperis. This, of course, evidences a complete misconception on the part of the petitioner....
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Dorsey v. Gill
...States, 318 U.S. 257, 63 S.Ct. 582, 87 L.Ed. 746; Waterman v. McMillan, 77 U.S.App.D.C. 310, 135 F.2d 807; Spruill v. Temple Baptist Church, 78 U.S.App.D.C. 324, 141 F.2d 137. 3 See, generally, In re Rosier, 76 U.S. App.D.C. 214, 220-222, 133 F.2d 316, 322-324, and authorities there cited; ......
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...F.2d 807, 808 (1943), (D.C.Cir.1944), cert. denied, 322 U.S. 749, 64 S.Ct. 1160, 88 L.Ed. 1580 (1944); accord, Spruill v. Temple Baptist Church, 141 F.2d 137, (D.C.Cir.1944), cert. denied, 323 U.S. 755, 65 S.Ct. 87, 89 L.Ed. 604 (1944). Certification by the presiding judge carries great wei......
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...denied 320 U.S. 766, 64 S.Ct. 69, 88 L.Ed. 457, rehearing denied 320 U.S. 813, 64 S.Ct. 188, 88 L.Ed. 491; Spruill v. Temple Baptist Church, 78 U.S.App.D.C. 324, 141 F.2d 137, cert. denied 323 U.S. 755, 65 S.Ct. 87, 89 L.Ed. 604; Spruill v. Campbell, 82 U.S.App.D.C. 401, 166 F.2d 210, cert.......
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...made without warrant or not in good faith. Cf. Waterman v. McMillan et al., 77 U.S.App.D.C. 310, 135 F.2d 807; Spruill v. Temple Baptist Church, 78 U.S.App.D.C. 324, 141 F.2d 137; Wells v. United States, 318 U.S. 257 63 S.Ct. 582, 87 L.Ed. An examination of the papers attached to the Petiti......