IN RE COOPER, PETITIONER

U.S. | 1891-02-02

138 U.S. 404 Supreme Court of the United States (1891) Positive Treatment

Also reported at: 34 L. Ed. 993 · 11 S. Ct. 289 · SCDB 1890-122 · 1891 U.S. LEXIS 2095

Cited by 1 case

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Synopsis

The Supreme Court granted Cooper's application for leave to file a petition for a writ of prohibition against the District Court for the District of Alaska, holding that the Supreme Court has jurisdiction under the Revised Statutes to issue prohibitions directed at federal district courts in Alaska.

Opinion of the Court

Mr. Chief Justice Fuller

Mr. Chief Justice Fuller delivered the opinion of the court.

This is an application for leave to file a petition for a writ of prohibition to the District Court of the United States for the District of Alaska. The Attorney General being present and expressing a desire to that effect, opportunity was afforded him to be heard in opposition to granting the ieave to file, and this resulted in argument having a much wider range than was necessary" to the disposition of the motion.

We are of opinion, upon the preliminary question, that this court has jurisdiction to proceed in respect to the District Court of the United States for the District of Alaska, by way of prohibition, under section 688 of the Revised Statutes, and leave will therefore be given to file the petition for such writ and the accompanying suggestion. A rule will be entered as in like cases, returnable on such day as will allow reasonable time for service and return, in relation to which .we invite the views of counsel.

(Counsel having conferred, the second Monday of April wa$ made the return day.)

Leave granted.

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Citator

Cited By

In re Cooper, 143 U.S. 472 (U.S. 1892)

…t section, and this court had power to issue the writ of prohibition to that court in a proper case; and as the questions involved could be, in our judgment, more satisfactorily presented upon a return, we granted the rhle. In re Cooper, Petitioner, 138 U. S. 404. [*495] The writ thus provided for by section 688 is the common law writ, which lies to a court of admiralty only when that court is acting in excess of, or is taking.cognizance of matters not arising within, its jurisdiction. Its office is to preve…

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