EX PARTE FAHEY, FEDERAL HOME LOAN BANK COMMISSIONER, ET AL.
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The Court held that the petitioners' grievance regarding fee allowances is a matter for appeal, not extraordinary writs.
Petitioners sought extraordinary writs to vacate a District Court order allowing partial fees and costs to counsel in a related case. The principal ca…
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Mr. Justice Jackson delivered the opinion of the Court.
This petition by John H. Fahey, individually and as Federal Home Loan Bank Commissioner, and A. V. Ammann, individually and as Conservator for the Long Beach Federal Savings and Loan Association, invokes the original jurisdiction of this Court. They ask leave to file petition for a writ of “mandamus and/or prohibition and/or injunction” against Judge Peirson M. Hall of the United States District Court for the Southern District of California to vacate his order allowing fees to counsel in Fahey v. Mallonee, decided today, ante, p. 245, to prohibit any further allowance therein, and to enjoin any payments heretofore allowed.
While an appeal in the principal case was pending in this Court, application was made by various counsel for the plaintiffs and associated interests therein for allowance of fees aggregating some $125,000. The District Court allowed counsel for plaintiffs $50,000 as a partial payment on account of services, but withheld action on other applications. Certain costs and expenses of the plaintiffs in the amount of $17,295.13 were also ordered reimbursed.
The petition involves serious questions of law and of fact. Whether, because of the pendency of the appeal and the stay order granted therein, the District Court had power to entertain the application, whether before the final outcome of the case could be known an allowance was premature, whether the source of the fund on deposit with the court was so related to the services as to be subject to disbursement for their compensation, and whether one judge can make allowances in a case before a three-judge court, are, with other questions, much contested. We do not decide any question as to the merits.
Mandamus, prohibition and injunction against judges are drastic and extraordinary remedies. We do not doubt power in a proper case to issue such writs. But they have the unfortunate consequence of making the judge a litigant, obliged to obtain personal counsel or to leave his defense to one of the litigants before him. These remedies should be resorted to only where appeal is a clearly inadequate remedy. We are unwilling to utilize them as substitutes for appeals. As extraordinary remedies, they are reserved for really extraordinary causes.
We find nothing in this case to warrant their use. An allowance of $50,000 will hardly destroy a twenty-six-million-dollar association during the time it would take to prosecute an appeal. The status of one of the applicants in the principal case is now settled so that he has standing to take all authorized appeals. We hold that the applicants’ grievance is one to be pursued by appeal at the proper time and to the appropriate court, rather than by resort to our original jurisdiction for extraordinary writs.
The petition is
Denied.
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Rivera v. State, 728 So. 2d 1165 (Fla. 1998)…rprisingly, ‘drastic and extraordinary remedies,’ to be ‘reserved for really extraordinary causes,’ in which ‘appeal is clearly an inadequate remedy.’” In re McDonald, 489 U.S. 180, 185, 109 S.Ct. 993, 103 L.Ed.2d 158 (1989) (quoting Ex parte Fahey, 332 U.S. 258, 259-60, 67 S.Ct. 1558, 91 L.Ed. 2041 (1947)). Rivera has flooded the courts with frivolous petitions, appeals, and other filings requesting relief to which he was not entitled. This Court has recognized that “[t]he resources of our court system ar…1 / 2
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Will v. United States, 389 U.S. 90 (U.S. 1967)…the Government rests its attempt to justify the action below. The peremptory common-law writs are among the most potent weapons in the-judicial arsenal. “As extraordinary remedies, they are reserved for really extraordinary causes.” Ex parte Fahey, 332 U. S. 258, 260 (1947). There is nothing in the record here to demonstrate that this case falls into that category, and thus the judgment below cannot stand. What might be the proper decision upon a more complete record, supplemented by the findings and conclu…
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La Buy v. Howes Leather Co., Inc., 352 U.S. 249 (U.S. 1957)…by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” 28U.S.C. §1651 (a). Cf. Bankers Life & Cas. Co. v. Holland, 346 U. S. 379; Ex parte Fahey, 332 U. S. 258. It should be noted that the objection to references stated by Chief Justice Vanderbilt, as quoted in footnote 5 of the majority opinion, is reflected in New Jersey Revised Rules 4:54-1, which provides as follows: “No reference for the hearing of a…
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