Legal Opinion

In re Beckwith

Court of Appeals for the Seventh Circuit

Decided January 8, 1913No. 1,966PublishedCited by 7 opinions

Petition by Arthur K. Beckwith for writ of mandamus to the Judge of the District Court. This is an application for a writ of mandamus to the judge of the District Court to enforce proceedings for an accounting, pursuant to the mandate of this court, in the cause entitled Malleable Iron Range Co. v. Beckwith, 189 Fed. 74, 110 C. C. A. 638; and the hearing arises upon the petition filed by the complainant therein, as relator — under leave granted by this court in conformity…

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Petition by Arthur K. Beckwith for writ of mandamus to the Judge of the District Court. This is an application for a writ of mandamus to the judge of the District Court to enforce proceedings for an accounting, pursuant to the mandate of this court, in the cause entitled Malleable Iron Range Co. v. Beckwith, 189 Fed. 74, 110 C. C. A. 638; and the hearing arises upon the petition filed by the complainant therein, as relator — under leave granted by this court in conformity with an opinion filed November 5, 1912 — and the answer thereto of the defendant below, “as the party in interest for and…

1Opinion of the CourtSeaman, Circuit Judge

(after stating the facts as above). [1] The respondent’s answer renews the objection raised against leave to file the petition, that the writ of mandamus is unauthorized for the relief sought by the petitioner. Although this challenge of jurisdiction was then considered and overruled in the opinion filed thereupon, we .have re-examined the question, in the light of the present argument and authorities cited, and are impressed with no doubt of jurisdiction in the premises. The ruling complained of amounts to a denial of the accounting on the part of the respondent (defendant below), which is…

2Cases cited9 opinions

  1. McClellan v. CarlandSupreme Court of the United States · 1910
  2. Root v. Railway Co.Supreme Court of the United States · 1882
  3. Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
  4. Garretson v. ClarkSupreme Court of the United States · 1884
  5. Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904

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

3Cited by7 opinions

  1. Schendel v. McGeeCourt of Appeals for the Eighth Circuit · 1924
  2. Coffield Motor Washer Co. v. Wayne Mfg. Co.Court of Appeals for the Eighth Circuit · 1918
  3. Beckwith v. Malleable Iron Range Co.District Court, E.D. Wisconsin · 1913
  4. Hammond Lumber Co. v. United States District Court for District of OregonCourt of Appeals for the Ninth Circuit · 1917
  5. Muir v. ChatfieldCourt of Appeals for the Second Circuit · 1918

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

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