MCCULLOUGH ET AL., DOING BUSINESS AS MCCULLOUGH TOOL CO.,
v.
COSGRAVE, JUDGE, FOR THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF CALIFORNIA

U.S. | 1940-04-01
No. 14
309 U.S. 634 Supreme Court of the United States (1940) Positive Treatment
Cited by 3 cases
Per_curiam
Per Curiam:

Per Curiam:

The motion for leave to file petition for mandamus is granted, and the return to the order to show cause is treated as an answer to the petition. The District Judge is directed to vacate the order dated January 15, 1940, in the cases of Kammerer Corporation and Baash-Ross Tool Company v. Ira J. McCullough et al., and Ira J. McCullough v. Baash-Ross Tool Company and Kammerer Corporation, referring these cases to a Master for trial. It is further ordered that the trial of these cases be had by the District Court in due course without postponement of the trial to that of other cases not entitled to a preference, but with such arrangement as to the particular Judge who shall conduct the trial as may be consistent with the court’s convenience." Rules of Civil Procedure, Rule 53 (b); Los Angeles Brush Manufacturing Co. v. James, 272 U. S. 701.

Mr. Ford W. Harris for petitioners.

Messrs. Frederick S. Lyon, Leonard S. Lyon, and Henry S. Richmond for respondent.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Chandler v. Jud. Council of the Tenth Cir., 398 U.S. 74 (U.S. 1970)
    …ogate from this Court’s authority under § 1651 (a) to issue an extraordinary writ in aid of its appellate jurisdiction over them. A somewhat analogous multiplicity was found to militate in favor of the issuance of mandamus in McCullough v. Cosgrave, 309 U. S. 634 (1940), and in Los Angeles Brush Corp. v. James, 272 U. S. 701 (1927). As later explained by Mr. Justice Brennan, dissenting in La Buy v. Howes Leather Co., 352 U. S. 249, 266 (1957), “Los Angeles Brush Corp. was a case where a reference [to a mast…
  • Newman & Bisco v. Realty Assocs. Sec. Corp., 173 F.2d 609 (2d Cir. 1949)
    …ied W. E. Hedger Transp. Corp. v. Ira S. Bushey & Sons, 335 U.S. 816, 69 S.Ct. 36; In re Irving-Austin Bldg. Corp., 7 Cir., 100 F. 2d 574, 577; Adventures in Good Eating v. Best Places to Eat, 7 Cir., 131 F. 2d 809, 814, 815; McCullough v. Cosgrave, 309 U.S. 634, 60 S.Ct. 703, 84 L.Ed. 992. The debtor has not appealed, however, from the order of reference or from the allowances made the master. The master has found, and the court has accepted the findings, that the services were reasonable and proper, were…
  • United States v. Honorable Thomas P. Griesa, 481 F.2d 276 (2d Cir. 1973)
    …We note in passing that La Buy and the other decisions of this Court approving the use of mandamus as a means of policing compliance with the procedural rules were civil cases. See Schlagenhauf v. Holder, 379 U.S. 104 (1964); McCullough v. Cosgrave, 309 U.S. 634 (1940); Los Angeles Brush Mfg. Corp. v. James, 272 U.S. 701, 706, 707 (1927) (dictum). We have pointed out that the fact this case involves a criminal prosecution has contextual relevance. See supra, at 96-98. In view of our reading of the record, h…

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