Legal Opinion

Barber v. Hetfield

Court of Appeals for the Ninth Circuit

Decided February 16, 1925No. 4451PublishedCited by 12 opinions

1Opinion of the Court

RUDKIN, Circuit Judge.

This is an appeal from an order awarding a peremptory writ in an original action in mandamus commenced in the court below. At the threshold of the proceedings the jurisdiction of the court was challenged by motion to dismiss, and, in our opinion, the challenge should have been sustained. Discussing the jurisdiction of the courts of the United States in original mandamus proceedings, in Covington & C. Bridge Co. v. Hager, 203 U. S. 109, 27 S. Ct. 24, 51 L. Ed. 111, the Supreme Court said:

“We are of the opinion that the court below had no jurisdiction of this action. It…

2Cases cited7 opinions

  1. Covington & Cincinnati Bridge Co. v. HagerSupreme Court of the United States · 1906
  2. Smith v. JacksonSupreme Court of the United States · 1918
  3. Smith v. JacksonCourt of Appeals for the Fifth Circuit · 1917
  4. Fineran v. BaileyCourt of Appeals for the Fifth Circuit · 1924
  5. Loisel v. MortimerCourt of Appeals for the Fifth Circuit · 1922

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

3Cited by12 opinions

  1. Marshall v. CrottyCourt of Appeals for the First Circuit · 1950
  2. Truth Seeker Co. v. DurningCourt of Appeals for the Second Circuit · 1945
  3. Youngblood v. United StatesCourt of Appeals for the Sixth Circuit · 1944
  4. Insular Police Commission v. LopezCourt of Appeals for the First Circuit · 1947
  5. Petrowski v. NuttCourt of Appeals for the Ninth Circuit · 1947

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

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