Legal Opinion
In re Duane
District Court, D. Massachusetts
Decided September 16, 1919No. 2462PublishedCited by 3 opinions
At Law. Petition by Patrick J. Duane for writ of certiorari. Held for preliminary hearing.
1Opinion of the Court
MORTON, District Judge.
[ Í ] The district court of the state had jurisdiction of the complaint for disturbing the peace (Rev. Laws Mass, c. 160, § 27); but its decision was vacated by the appeal, the effect of which was, in substance, to remove the entire controversy into the superior court for retrial.
This application for certiorari — it is in effect a removal proceeding, quite different from the common-law writ of certiorari — is made under 'section 33 of the Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1097), as amended by Act Aug. 23, 1916, c. 399, 39 Stats. 532 (U. S-Compiled…
2Cases cited5 opinions
- Insurance Co. v. DunnSupreme Court of the United States · 1874
- Burson v. National Park BankIndiana Supreme Court · 1872
- State of Virginia v. FeltsU.S. Circuit Court for the District of Western Virginia · 1904
- E. Rosenfield & Son v. J. E. Condict & Co.Texas Supreme Court · 1876
- Brayley v. HedgesSupreme Court of Iowa · 1880
3Cited by3 opinions
- Gay v. RuffSupreme Court of the United States · 1934
- Frank Calhoun v. City of Meridian, MississippiCourt of Appeals for the Fifth Circuit · 1966
- Tennessee v. KeenanDistrict Court, W.D. Tennessee · 1936