Baltuff v. United States

Ninth Circuit Court of Appeals

Decided October 21, 1929.

Rehearing Denied November 25, 1929.

Ninth Circuit Court of Appeals · decided 1929-10-21

2 counsel of record

Relies on McColgan v. Lineker

Good law ✅— No negative treatment on recordhow we know

Opinion by Curtis Dwight Wilbur · Decided 1929-10-21

How this case has been cited

Cited by 8 later decisions — most recently September 1989

8 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Eduarda K. Baltuff, of Tacoma, Wash., in pro. per.

¶2Anthony Savage, U. S. Atty., and Jeffrey Heiman, Asst. U. S. Atty., both of Seattle, Wash., for appellees.

¶3Before DIETRICH and WILBUR, Circuit Judges, and LOUDERRACK, District Judge.

¶4WILBUR, Circuit Judge.

¶5From the nature of appeal contained in the record it appears that the appellant “appeals from the denial of Judge Edward E. Cushman for a *508new judge to hear and determine the issues of the above-entitled cause, and his denial to libelant of her right to an authenticated copy of her affidavit of prejudice and amended application for a new judge.” Apparently, from the record, two applications were made to the trial judge for proceedings under 28 USCA §§ 23, 25, based upon an affidavit attempting to allege bias and prejudice, and that the judge was to be a witness.

¶6These orders are not appealable. McColgan v. Lineker (C. C. A.) 289 F. 253.

¶7Appeal dismissed.