Legal Opinion

Ex Parte Myra Clarke Whitney

Supreme Court of the United States

Decided March 18, 1839PublishedCited by 29 opinions

MR. JONES presented a petition, and moved the Court for á mandamus in the nature of it writ of-procedendo, to be directed, to the Circuit Court of the United States, for the eastern district of Louisiana.

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MR. JONES presented a petition, and moved the Court for á mandamus in the nature of it writ of-procedendo, to be directed, to the Circuit Court of the United States, for the eastern district of Louisiana. Mr. Jones, for petitioner, stated, that William W-. Whitney, and Myra Clarke Whitney, had filed a bill in the District Court of the United States for the" eastern district of Louisiana, which was after-wards transferred to the Circuit Court.' The complainant, William W. Whitney, having died pendente lite, the suit was continued in the name of his widow, Myra Clarke Whitney; The subpoena…

1Opinion of the Court

Mr. Justice .Stoky

delivered the Opinion of the Court.

This is the case of a motion made on behalf of Myra C^rke Whitney, for a mandamus to the Circuit .Court, of the eastern district of J_,ouisiana. The petition on which the motion is founded states that a bill in equity is now -pending in the said Circuit Court, in'which the petitioner is plaintiff, against Richard Relf and Others, defendantsthat it is understood to be the settled determination of .the district judge'-not to suffer chancery practice to -prevail in the Circuit Court; that her right to proceed in her suit has been denied, until…

2Cited by29 opinions

  1. Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
  2. Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
  3. American Construction Co. v. Jacksonville, Tampa & Key West Railway Co.Supreme Court of the United States · 1893
  4. Davis v. GainesSupreme Court of the United States · 1881
  5. People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839

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