United States ex rel. Sutton v. Mulcahy

With not a few doubts about this tangled case, unfortunately not clarified by the record, I have finally come to the conclusion that Judge Swan states the proper result now to be reached on the authorities by an intermediate court and that further exposition of the law, if necessary, must come from the Supreme Court. My doubts center about the fact that if the 1940 amendment to 28 U.S.C.A. § 41(1) is invalid,1 there would appear to be a lack of subject matter jurisdiction over the original action leading to the relator’s imprisonment until the heavy fine imposed is paid. For the ground taken…