Legal Opinion

In Re Babcock

Court of Appeals for the Seventh Circuit

Decided March 6, 1928No. 3990PublishedCited by 15 opinions

1Opinion of the Court

ALSCHULER, Circuit Judge (after stating the facts as above).

The jurisdiction of this court to entertain this proceeding is challenged. If there is jurisdiction, it arises under section 262 of the Judicial . Code (U. S. Code, tit. 28, § 377 [28 USCA § 377]), giving the Circuit Court of Appeals power “to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of law.” While the cases agree that the authority of this court to issue original writs o"f mandamus is confined to…

2Cases cited13 opinions

  1. McClellan v. CarlandSupreme Court of the United States · 1910
  2. Hawes v. OaklandSupreme Court of the United States · 1882
  3. Virginia v. RivesSupreme Court of the United States · 1880
  4. In Re Pennsylvania Co.Supreme Court of the United States · 1890
  5. Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904

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3Cited by15 opinions

  1. Jacobucci v. District CourtSupreme Court of Colorado · 1975
  2. Whittel v. RocheCourt of Appeals for the Ninth Circuit · 1937
  3. In re Eastman Kodak Co.Court of Appeals for the Third Circuit · 1931
  4. Lincoln Printing Co. v. Middle West Utilities Co.Court of Appeals for the Seventh Circuit · 1935
  5. Harris Trust & Savings Bank v. Chicago Rys. Co.District Court, N.D. Illinois · 1929

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