Commercial Cable Co. v. Same
District Court, S.D. New York
In Equity. Suits by the Commercial Cable Company and by the Commercial Pacific Cable Company against Albert S. Burleson and Newcomb Carlton. On motions to dismiss hills. These eases arise on motionsi to dismiss two bills in equity for lack of jurisdiction and for want of equity, and they therefore present cases based altogether upon the allegations contained in them. Each bill was similar, and the consideration of one may' be taken as applicable to both.
Read the full summary
In Equity. Suits by the Commercial Cable Company and by the Commercial Pacific Cable Company against Albert S. Burleson and Newcomb Carlton. On motions to dismiss hills. These eases arise on motionsi to dismiss two bills in equity for lack of jurisdiction and for want of equity, and they therefore present cases based altogether upon the allegations contained in them. Each bill was similar, and the consideration of one may' be taken as applicable to both. They prayed an injunction against the defendants from interfering with the plaintiffs’ property or business of which they had claimed to…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). I shall dispose of this case upon the merits, and without considering two questions raised which go to the jurisdiction of the court. The first is that the bills pray for injunctions against the United States; the second, that they are in effect directed against the President. The second question involves this; Whether a court should pass a decree which directly contradicts an order made by the President, but which must necessarily be enforced only through sanctions dependent upon his execution of the writ. As the merits of the case involve questions of…
2Cases cited12 opinions
- Field v. ClarkSupreme Court of the United States · 1892
- Buttfield v. StranahanSupreme Court of the United States · 1904
- Union Bridge Co. v. United StatesSupreme Court of the United States · 1907
- Int. Com. Comm. v. Louis. & Nash. RRSupreme Court of the United States · 1913
- American School of Magnetic Healing v. McAnnultySupreme Court of the United States · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Breese Burners, Inc. v. United StatesUnited States Court of Claims · 1954
- Industrial Commission v. RotarOhio Supreme Court · 1931
- State Ex Rel. Peter v. ListmanWashington Supreme Court · 1930
- Samuels v. United Seamen's Service, Inc.District Court, N.D. California · 1946
- Southwestern Telegraph & Telephone Co. v. City of HoustonDistrict Court, S.D. Texas · 1919
14 more not listed; retrieve them via the Exa API.