Legal Opinion

Furness, Withy & Co. v. Yang-Tsze Ins. Assn., Ltd.

Supreme Court of the United States

Decided January 8, 1917No. 106PublishedCited by 30 opinions

CERTIORARI TO THE CIRCUIT COURT OP APPEALS POR THE . . ■ SECOND CIRCUIT. ' The case is stated in the opinion.

1Opinion of the CourtJustice McReynolds

The writ of'certiorari was improvidéntly granted and must be dismissed. We should have denied the petition therefor if the facts essential to an adequate appreciation to the situation had then been brought to our attention. Petitions of this character are at the risk of the party making them, and whenever in the progress of the cause facts develop which if disclosed on the application would have induced a refusal, the court may upon motion by a party or ex mero motu dismiss the writ. United States v. Rimer, 220 U. S. 547; State v. Water Commissioners, 1 Vroom (30 N. J. L.), 247.

In February,…

2Cases cited2 opinions

  1. The PennsylvaniaSupreme Court of the United States · 1874
  2. United States v. RimerSupreme Court of the United States · 1911

3Cited by30 opinions

  1. McAllister v. United StatesSupreme Court of the United States · 1954
  2. United States v. ShannonSupreme Court of the United States · 1952
  3. Layne & Bowler Corp. v. Western Well Works, Inc.Supreme Court of the United States · 1923
  4. Rice v. Sioux City Memorial Park Cemetery, Inc.Supreme Court of the United States · 1955
  5. Pacific-Atlantic S. S. Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1949

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