Legal Opinion
Sims v. Stuart
District Court, S.D. New York
Decided October 9, 1922PublishedCited by 27 opinions
1Opinion of the Court
LEARNED HAND, District Judge.
I cannot see how this relief can be given on motion. The collector is not an officer of the court, over whom, like a district attorney, the court has summary jurisdiction. U. S. v. Mills (C. C.) 185 Fed. 318. He is not even accountable for such illegal acts as an official, but individually. Smietanka v. Indiana Steel Co., 257 U. S. 1, 42 Sup. Ct. 1, 66 L. Ed. 99. If he has committed a trespass, he is subject to the same law as though he held no office, but to no different remedies, except as some statute provides it. He should have no protection from his…
2Cases cited4 opinions
- In Re LennonSupreme Court of the United States · 1897
- Smietanka v. Indiana Steel Co.Supreme Court of the United States · 1921
- United States v. MillsDistrict Court, S.D. New York · 1911
- Western Union Telegraph Co. v. Postal Telegraph Co.Court of Appeals for the Ninth Circuit · 1914
3Cited by27 opinions
- In Re Arthur Treacher's Franchisee Litigation. Arthur Treacher's Fish & Chips, Inc. v. A & B Management Corporation v. Mrs. Paul's Kitchens, Inc. (Additional on the Counterclaims) Appeal of a & B Management Corporation. In Re Arthur Treacher's Franchisee Litigation. Arthur Treacher's Fish & Chips, Inc. v. A & B Management Corporation v. Mrs. Paul's Kitchens, Inc. (Additional on the Counterclaims) Appeal of Arthur Treacher's Fish & Chips, Inc., and Mrs. Paul's Kitchens, Inc., Third PartyCourt of Appeals for the Third Circuit · 1982
- Louis Sager Hunsucker, Jr. v. Robert L. Phinney, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1974
- Friends for All Children, Inc. v. Lockheed Aircraft Corp.Court of Appeals for the D.C. Circuit · 1984
- Richards, Constance v. Delta Airln IncCourt of Appeals for the D.C. Circuit · 2006
- New Hampshire Fire Insurance v. ScanlonSupreme Court of the United States · 1960
22 more not listed; retrieve them via the Exa API.