Legal Opinion

Masses Pub. Co. v. Patten

Court of Appeals for the Second Circuit

Decided August 6, 1917PublishedCited by 13 opinions

Appeal from the District Court of the United States for the Southern District of New York. Suit by the Masses Publishing Company against Thomas G. Patten. From an order granting an injunction pendente lite, defendant appeals. On motion to stay injunction.

1Opinion of the Court

HOUGH, Circuit Judge.

This motion will he considered under the following heads: I. The practice under the statute. II. The present condition of this litigation as to its object and subject-matter. III. The fact findings of the District Court, and the conclusions there drawn therefrom. IV. The law as suggested to me by those facts. V. The propriety of this motion under the circumstances thus .developed, in respect of (1) the rights of parties; (2) the public interests.

[ 1 ] I. After considerable experience in appellate practice, and such recent inquiry as I have been able to make, no other…

2Cases cited4 opinions

  1. In Re DebsSupreme Court of the United States · 1895
  2. Marshall v. GordonSupreme Court of the United States · 1917
  3. Searight v. StokesSupreme Court of the United States · 1845
  4. Smith v. HitchcockSupreme Court of the United States · 1912

3Cited by13 opinions

  1. Virginian Railway Co. v. United StatesSupreme Court of the United States · 1927
  2. State v. HolmSupreme Court of Minnesota · 1918
  3. Proctor & Gamble Co. v. CoeCourt of Appeals for the D.C. Circuit · 1938
  4. Randall v. SeemannSupreme Court of Kansas · 1980
  5. Schoborg v. United StatesCourt of Appeals for the Sixth Circuit · 1920

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