Weinstein v. Attorney General
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Proceeding by Gregory Weinstein against the Attorney General of the United States and others. From an order discharging an order to show cause (271 Fed. 5), the petitioner appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Proceeding by Gregory Weinstein against the Attorney General of the United States and others. From an order discharging an order to show cause (271 Fed. 5), the petitioner appeals. By affidavit and extracts from the' records of the District Court Weinstein showed that he was an alien residing in Brooklyn, and pursuant to a warrant issued by the Acting Secretary of Labor had been arrested as being found in the United States in violation of the Immigration Act of 1918 (Comp. St. Ann. Supp. 1919, §…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] There is not even a suggestion that the books sought to be *675by Weinstein are now or ever have been in the possession or under the control of the United States attorney for the Southern district of New York. Under such circumstances the service of the order to show cause was, to say the least, insufficient, in that it did not bring before the court any of the parties accused of alleged wrongdoing. It may have been thought (though not argued at bar) that service on the attorney somehow affected or was sufficient in respect of all the other enumerated…
2Cases cited8 opinions
- Weeks v. United StatesSupreme Court of the United States · 1914
- Silverthorne Lumber Co. v. United StatesSupreme Court of the United States · 1920
- United States v. MarescaDistrict Court, S.D. New York · 1920
- United States v. HeeDistrict Court, D. New Jersey · 1915
- Coastwise Lumber & Supply Co. v. United StatesCourt of Appeals for the Second Circuit · 1919
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cogen v. United StatesSupreme Court of the United States · 1929
- New Hampshire Fire Insurance v. ScanlonSupreme Court of the United States · 1960
- In Re BehrensCourt of Appeals for the Second Circuit · 1930
- United States v. RosenwasserCourt of Appeals for the Ninth Circuit · 1944
- Elizabeth G. Austin v. United States of America, James E. Holshouser, United States Attorney for the Middle District of North CarolinaCourt of Appeals for the Fourth Circuit · 1961
9 more not listed; retrieve them via the Exa API.