Curtis v. Wilfley

Citations

• 165 F. 893
• 91 C.C.A. 571
• 1908 U.S. App. LEXIS 4814

Syllabus

<p>1. Appeal and Error (§ 515*) — Records—Diminution—Evidence.</p> <p>Where, on appeal from an order adjudging petitioner guilty of contempt for appearing in the United States Court for China, wherein hollad not been admitted to practice, the transcript showed that he appeared and testified that he had been admitted to practice before the United States Supreme Court, before the courts of record of the state of Now York, and before the United States Consular Court at Shanghai, and that the judgment was based solely on the fact that he had not complied with the rule of the United States Court for China relating to the admission of attorneys, it was not material that the record should also contain copies of petitioner’s certificate of admission before the United States Supreme Court, ihe courts of record of New York, and the Consular Court at Shanghai.</p> <p>I Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 2322; Dec. Dig. § 515.*]</p> <p>2. Appeal and Error (§ 493*) — Record—Contents—Citation—Service.</p> <p>Where, on appeal from an order adjudging petitioner guilty of contempt, the transcript showed that the petitioner appeared and waived citation, it was not material that it should also show that no citation was issued, and that, petitioner demanded a copy of the alleged citation.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 2284 • Dec. Dig. § 493.*]</p> <p>3. Appeal and Error (§ 496*) — Record—Contents.</p> <p>Where, on appeal from an order adjudging petitioner guilty of contempt in appearing as attorney for E. in the United States Court for China, the record showed that while E.’s statement made on August 22, 1907, was not under oath, he was sworn on August 26, 1907, in open court, and testified that he had read the transcript of his prior testimony, and that it. was true with certain immaterial exceptions, petitioner was not entilled to have the record show that E. was examined without having first been sworn.</p> <p>[E