Legal Opinion

Flemming v. Stahl

U.S. Circuit Court for the District of Western Arkansas

Decided December 24, 1897PublishedCited by 9 opinions

The plaintiff alleges: That on the 1st day of July, 1896, he was appointed United States office deputy marshal,by the attorney general of the United States upon the recommendation of George J. Crump, at that time United States marshal for the Western district of Arkansas, and on the 3d day of July, thereafter, duly qualified as such, and has since continuously remained in office and acted as such; that on the ——■ day of-, 1897, the office of' office deputy United States…

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The plaintiff alleges: That on the 1st day of July, 1896, he was appointed United States office deputy marshal,by the attorney general of the United States upon the recommendation of George J. Crump, at that time United States marshal for the Western district of Arkansas, and on the 3d day of July, thereafter, duly qualified as such, and has since continuously remained in office and acted as such; that on the ——■ day of-, 1897, the office of' office deputy United States marshal was, by an order of the president of the United States, acting pursuant to a law of congress approved January 16,…

1Opinion of the Court

ROGERS, District Judge.

As to what is the proper practice with reference to granting temporary restraining orders without notice the court is not: inclined to consider in this case, nor is it inclined to consider the question as to whether or not it is necessary, in a case of this character, to give the court: jurisdiction, that the bill should allege that, the amount involved exceeded the sum of $2,000, for the rea.son that, without reference to what: the proper practice is, if the bill slated facts sufficient upon its face to justify a temporary wist raining order, the court would grant or…

2Cases cited6 opinions

  1. In Re SawyerSupreme Court of the United States · 1888
  2. Carr v. GordonU.S. Circuit Court for the Northern District of Illnois · 1897
  3. Taylor v. KerchevalU.S. Circuit Court for the District of Indiana · 1897
  4. Butler v. WhiteU.S. Circuit Court for the District of Virginia · 1897
  5. Priddie v. ThompsonU.S. Circuit Court for the District of West Virginia · 1897

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

3Cited by9 opinions

  1. United States ex rel. Palmer v. LappCourt of Appeals for the Sixth Circuit · 1917
  2. Moulton v. LoganOregon Supreme Court · 1937
  3. Arthur B. Daub v. United StatesUnited States Court of Claims · 1961
  4. Arthur B. Daub v. United StatesUnited States Court of Claims · 1961
  5. People ex rel. Pettit v. KaneNew York Supreme Court · 1901

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

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