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Elza J. Watson v. Frank Devlin

Elza J. WATSON, Appellant, v. Frank DEVLIN Et Al., Appellees

Watson v. Devlin, 268 F.2d 211 (6th Cir. 1959)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
May 19, 1959
Docket
No. 211
Judges
Martin, Allen, Miller
Citations
268 F.2d 2111959 U.S. App. LEXIS 3855

Opinion — Per Curiam

PER CURIAM.

Appellant’s motion to proceed in forma pauperis in the District Court was denied by the District Judge on November 6, 1958, on the ground that his complaint was frivolous and wholly without merit. Watson v. Devlin, D.C.E.D.Mich., 167 F.Supp. 638 . Accordingly, no answer was filed in the District Court and the case was not heard on its merits. Nor has it been dismissed.

On April 18,1959, appellant filed notice of appeal from the order of November 6, 1958, and moved in the District Court for leave to appeal in forma pauperis. On November 21, 1958, the District Judge certified that the appeal was not taken in good faith and denied the motion. Section 1915(a), Title 28, U.S.Code.

There is real doubt that the order of November 6, 1958, is a final appealable decision within the provisions of Sec. 1291, Title 28, U.S.Code. Parr v. United States, 351 U.S. 513, 518 , 76 S.Ct. 912 , 100 L.Ed. 1377 ; Ford Motor Co. v. Busam Motor Sales, 6 Cir., 185 F.2d 531 ; Higgins v. Steele, 8 Cir., 195 F.2d 366, 368-369 .

If appealable, we are of the opinion that it should be sustained for the reasons given in the opinion of the District Judge. Watson v. Devlin, supra, 167 F.Supp. 638 ; Loum v. Underwood, 6 Cir., 262 F.2d 866 .

The order of the District Court is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1960: 12026: 119602026peak 1960 · 1

Relies on it most ⓘ

  1. George F. Martin v. United States273 F.2d 775 (10th Cir. 1960)
  2. Aaron Mohlman v. Township of Salem and Milan Towing & Recovery, Inc. (d/b/a Budget Stadium Towing)No. 2:25-cv-11033 (E.D. Mich. June 15, 2026)

Most recent

  1. Aaron Mohlman v. Township of Salem and Milan Towing & Recovery, Inc. (d/b/a Budget Stadium Towing)No. 2:25-cv-11033 (E.D. Mich. June 15, 2026)
  2. George F. Martin v. United States273 F.2d 775 (10th Cir. 1960)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Parr v. United States, 351 U.S. 513 (1956) 291
Watson v. Devlin, 167 F. Supp. 638 (E.D. Mich. 1958) 14
Loum v. Underwood, 262 F.2d 866 (6th Cir. 1959) 99
Higgins v. Steele, 195 F.2d 366 (8th Cir. 1952) 82
Ford Motor Co. v. Busam Motor Sales, Inc., 185 F.2d 531 (6th Cir. 1950) 32

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