Guaranty Trust Co. v. McCabe
Court of Appeals for the Second Circuit
In Error to the District Court of the United Slates for the Southern District of New York. Action by the Guaranty Trust Company of New York, as substituted trustee of S. H. P. Pell & Co., a partnership, against W. Gordon McCabe, Jr., and another, which was begun in the state court and removed to the federal court. There was a judgment for defendants, and plaintiff brings error. Writ of error to review a judgment in favor of defendants entered on a directed verdict.
Read the full summary
In Error to the District Court of the United Slates for the Southern District of New York. Action by the Guaranty Trust Company of New York, as substituted trustee of S. H. P. Pell & Co., a partnership, against W. Gordon McCabe, Jr., and another, which was begun in the state court and removed to the federal court. There was a judgment for defendants, and plaintiff brings error. Writ of error to review a judgment in favor of defendants entered on a directed verdict. Plaintiff in error was plaintiff below and defendants in error defendants below.
1DissentLearned Hand, District Judge
I understand that all the court agree that Ex parte Tobin, 214 U. S. 506, 29 Sup. Ct. 702, 53 L. Ed. 1061, and Ex parte Nicola, 218 U. S. 668, 31 Sup. Ct. 228, 54 L. Ed. 1203, did not proceed upon the theory that mandamus was not the proper remedy. At the time they were decided the Supreme Court was passing upon questions of jurisdiction in this way as is shown in Ex parte Wisner, 203 U. S. 449, 27 Sup. Ct. 150, 51 L. Ed. 264. It was only in Ex parte Harding, 219 U. S. 363, 31 Sup. Ct. 324, 55 L. Ed. 252, 37 L. R. A. (N. S.) 392, that the practice ceased, and this was after both cases had…
2Cases cited9 opinions
- In Re MooreSupreme Court of the United States · 1908
- Ex Parte WisnerSupreme Court of the United States · 1906
- Ex Parte HardingSupreme Court of the United States · 1911
- Matter of TobinSupreme Court of the United States · 1909
- Richards v. United StatesSupreme Court of the United States · 1910
4 more not listed; retrieve them via the Exa API.