United States v. Malmin
Court of Appeals for the Third Circuit
Original petition by the United States against Lucius J. M. Malmin, Judge of the District Court of the Virgin Islands, for mandamus to require the respondent to return to the Islands and resume the duties of his pffice.
1Opinion of the Court
WGOULEY, Circuit Judge.
The United States prays for a writ of mandamus directed to a judge oí a territorial coitrt absent from his district, commanding him to return and resume the duties of his office.
The averments of the petition, paraphrased and compressed, are as follows:
The Virgin Islands are territory of the United States, subject to the Constitution and such laws of the United States as are applicable thereto. The Congress, by Act of March 3, 1917, Ch. 171, Secs. 1 and 2 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, §§ 3924J4A 3924J4E) provided:
“That * ' * * all military, civil, and…
2Cases cited21 opinions
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- State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
- Illinois Central Railroad v. PeopleIllinois Supreme Court · 1892
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3Cited by20 opinions
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- Patten v. MillerSupreme Court of Georgia · 1940
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