Hammond Lumber Co. v. United States District Court for District of Oregon
Court of Appeals for the Ninth Circuit
Petition of Hammond Lumber Company for writ of prohibition to the United States District Court for the District of Oregon and Charles E. Wolverton and Robert S. Bean, Judges thereof. The Hammond Lumber Company filed in this court its petition for a writ of prohibition to the judges of the District Court of the United States for the District of Oregon, and thereon an order was made to show cause.
Read the full summary
Petition of Hammond Lumber Company for writ of prohibition to the United States District Court for the District of Oregon and Charles E. Wolverton and Robert S. Bean, Judges thereof. The Hammond Lumber Company filed in this court its petition for a writ of prohibition to the judges of the District Court of the United States for the District of Oregon, and thereon an order was made to show cause. The facts alleged in the petition are in substance the following: That on November 9, 1911, the Hammond Lumber Company commenced an action in the circuit court of Clatsop county, Or., against the…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] We are inclined to the view that the allegations of the petition are insufficient to show ground for the writ of prohibition, for it does not appear therefrom that the District Court of Oregon has ruled upon, or has had the opportunity to rule upon, the question of its own jurisdiction. While the Hammond Dumber Company has filed in that court its exceptions to the jurisdiction, the exceptions have not been brought on for hearing. In Smith v. Whitney, 116 U. S. 167, 6 Sup. Ct. 570, 29 L. Ed. 601, it was said:
“A writ of prohibition is never to be issued,…
2Cases cited16 opinions
- McClellan v. CarlandSupreme Court of the United States · 1910
- United States v. MayerSupreme Court of the United States · 1914
- Smith v. WhitneySupreme Court of the United States · 1886
- Barber Asphalt Pav. Co. v. MorrisCourt of Appeals for the Eighth Circuit · 1904
- In Re RiceSupreme Court of the United States · 1894
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re Eastman Kodak Co.Court of Appeals for the Third Circuit · 1931
- Arthur David Talbot v. Honorable J. L. McCarrey Jr.Court of Appeals for the Ninth Circuit · 1955
- Keaton v. KennamerCourt of Appeals for the Tenth Circuit · 1930
- Shell Oil Co. v. District CourtCourt of Appeals for the Ninth Circuit · 1934
- Sol Louie v. United StatesCourt of Appeals for the Ninth Circuit · 1920
3 more not listed; retrieve them via the Exa API.