YIM KIM LAU
v.
UNITED STATES
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The Circuit Court of Appeals dismissed petitioner's appeal for lack of a bill of exceptions, but the Supreme Court found that under the applicable 1928 procedural rules, no bill of exceptions was required—only an authenticated record. The Court granted the petition for certiorari, reversed the dismissal, and remanded the case for the Circuit Court of Appeals to review whether the record was properly authenticated and, if defective, to consider whether the petitioner should be given an opportunity to correct it so the case could be properly reviewed on the merits.
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Per Curiam:
The appeal to the Circuit Court of Appeals having been dismissed by that Court for the want of a bill of exceptions, and it appearing, and being conceded by the Government, that the review of the Circuit Court of Appeals was by appeal according to the applicable practice prior to the act of January 31, 1928, as amended (45 Stat. 54, 466), and that no bill of exceptions was necessary but that a duly authenticated record was required, the petition for writ of certiorari herein is granted, the judgment of the Circuit Court of Appeals is reversed, and the cause is remanded to that court with directions to consider the sufficiency of the authentication of the record, and, if the record be found defective in this respect, to exercise its discretion, if proper application be made, to determine whether an opportunity should be afforded for authentication of the record so that the decision of the District Court maybe reviewed by the Circuit Court of Appeals.
Mr. Chauncey F. Eldridge for petitioner. Solicitor General Thacker, and Messrs. Whitney North Seymour, Harry S. Ridgely, and Wilbur H. Friedman for the United States.