Legal Opinion
Sanchez Tapia v. United States
District Court, S.D. New York
Decided February 17, 1964PublishedCited by 8 opinions
1Opinion of the Court
McLEAN, District Judge.
This is a motion by defendant United States, under Rule 12(b) (1), to dismiss the complaint on the ground that this court lacks jurisdiction over the subject matter. The original complaint is entitled “Coram Bovis or Coram Nobis— Action to Set Aside and Annul Judgment and for Damages for Deceit.” It sets forth a “First Cause of Action” which asks only that a judgment be set aside and makes no mention of damages. At the time the motion was argued plaintiff submitted an additional eight pages entitled “Second Cause of Action,” which does ask for damages. The United States…
2Cases cited6 opinions
- United States v. MorganSupreme Court of the United States · 1954
- In Re SawyerSupreme Court of the United States · 1888
- Paul J. Madigan, Warden, United States Penitentiary, Alcatraz, California v. Selvie W. WellsCourt of Appeals for the Ninth Circuit · 1955
- United States v. SpadaforaCourt of Appeals for the Seventh Circuit · 1953
- United States Ex Rel. Lavelle v. FayCourt of Appeals for the Second Circuit · 1953
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- James D. Booker v. State of ArkansasCourt of Appeals for the Eighth Circuit · 1967
- Peterson v. State of MissouriDistrict Court, W.D. Missouri · 1973
- Deloria v. Veterans AdministrationCourt of Appeals for the Seventh Circuit · 1991
- Sanchez Tapia v. United StatesCourt of Appeals for the Second Circuit · 1964
- Deloria v. Veterans AdministrationCourt of Appeals for the Seventh Circuit · 1991
3 more not listed; retrieve them via the Exa API.