Opinion · Supreme Court of the United States

In Re Cooper

138 U.S. 404

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1891-02-02
Topic
general

*414 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.

Citator

UpLaw has not yet analyzed In Re Cooper. The absence of a flag is not a finding that it is good law.

Cited by
5 opinions
*414 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.