Henry v. Speer
Court of Appeals for the Fifth Circuit
Petition for Mandamus to the District Court of the United States for the Southern District of Georgia; Emory Speer, Judge. In the matter of the petition of C. S. Henry for a writ of mandamus to Hon. Emory Speer, District Judge for the Southern District of Georgia, and to said District Court.
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Petition for Mandamus to the District Court of the United States for the Southern District of Georgia; Emory Speer, Judge. In the matter of the petition of C. S. Henry for a writ of mandamus to Hon. Emory Speer, District Judge for the Southern District of Georgia, and to said District Court. C. S. Henry petitions this court for a rule against Hon. Emory Speer, United States District Judge for the Southern District of Georgia, and against the District Court of the United States for that district, to show cause why writ of mandamus should not issue commanding them to send an authenticated copy…
1Opinion of the CourtMeek, District Judge
(after stating the facts as above). The questions to be determined are: (1) In view of the time of the accrual of complainant’s alleged cause of action and commencement of this suit *871was he entitled to avail himself of the provisions of section 21 of the Judicial Code? (2) If so, did the affidavit made and filed by him meet the requirements of this section? (3) What duty was imposed upon the judge upon the filing of the affidavit and certificate of counsel?
[1] Section 21 of the Judicial Code of the United States January 1, 1912, reads as follows :
“Whenever a party to any action or proceeding,…
2Cited by51 opinions
- Kramer v. BD. OF ADJUST., SEA GIRT.Supreme Court of New Jersey · 1965
- Fish v. EastCourt of Appeals for the Tenth Circuit · 1940
- In Re Corrugated Container Antitrust Litigation. Steering CommitteeCourt of Appeals for the Fifth Circuit · 1980
- Alfredo G. Parrish, Etc. v. Board of Commissioners of the Alabama State Bar, Etc., Defendants- Alabama Black Lawyers Association v. Board of Commissioners of the Alabama State Bar, Etc., DefendantsCourt of Appeals for the Fifth Circuit · 1975
- Price v. JohnstonCourt of Appeals for the Ninth Circuit · 1942
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