Legal Opinion

In Re Chetwood

Supreme Court of the United States

Decided February 15, 1897No. 7PublishedCited by 180 opinions

ORIGINAL. This is a petition for the vacating-of or prohibition upon certain orders of the Circuit Court of the United States for the Northern District of California in the suit of Stateler'v. The California National Bank 'of San Frcmeiseo et at., enjoining (as was .held) the bank and John Chet wood,. Jr., from prosecuting a writ of error from this court in the name of the bank as plaintiff in error; directing Chetwood to dismiss a second writ of error from this court; and'…

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ORIGINAL. This is a petition for the vacating-of or prohibition upon certain orders of the Circuit Court of the United States for the Northern District of California in the suit of Stateler'v. The California National Bank 'of San Frcmeiseo et at., enjoining (as was .held) the bank and John Chet wood,. Jr., from prosecuting a writ of error from this court in the name of the bank as plaintiff in error; directing Chetwood to dismiss a second writ of error from this court; and' punishing Ohet-wood.and E. G. Knapp, of counsel, as for'a contempt of the Circuit Court in suing out said writs of…

1Opinion of the CourtChief Justice Fuller

The writs of error removed the original v suit in both its branches to this court, and whether or not jurisdiction may be entertained of both or either of them, it is for -this court to determine when the question properly arises.-

And so if there be controversy in respect of the form of the writs, parties, citation and service, or otherwise, these are matters for the disposition of this court without interference from any other.

We find it impossible to accept any ground suggested for the assumption by the Circuit Court of jurisdiction to compel Chetwood to desist from using the name of the…

2Cases cited9 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. In Re DebsSupreme Court of the United States · 1895
  3. In Re TylerSupreme Court of the United States · 1893
  4. Porter v. SabinSupreme Court of the United States · 1893
  5. Bushnell v. LelandSupreme Court of the United States · 1897

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3Cited by180 opinions

  1. De Beers Consolidated Mines, Ltd. v. United StatesSupreme Court of the United States · 1945
  2. McClellan v. CarlandSupreme Court of the United States · 1910
  3. United States v. MayerSupreme Court of the United States · 1914
  4. Bessette v. W. B. Conkey Co.Supreme Court of the United States · 1904
  5. Pennsylvania v. WilliamsSupreme Court of the United States · 1935

175 more not listed; retrieve them via the Exa API.

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