Opinion · Supreme Court of the United States
Webster Coal & Coke Co. v. Cassatt
Webster Coal & Coke Co. v. Cassatt, 207 U.S. 181 (1907)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1907-12-02
- Topic
- general
Mr. Chief Justice Fuller, after making the foregoing statement, delivered the opinion of the court. The Pennsylvania Railroad Company did not except to the order nor attempt, to prosecute a writ of error therefrom if that were possible; the plaintiffs in error, who were officers of the company, excepted and carried the case up on this writ of error! They were not parties to the case between the Coal Company and the Railroad Company, had no property in the books and papers referred to, were mere custodians as officers, and any rights of theirs were not made to appear to be involved in the disclosures sought. The order as to them was purely interlocutory, not imposing penalty or liability, and not Tnally disposing of an independent proceeding. •What Mr.
Citator
UpLaw has not yet analyzed Webster Coal & Coke Co. v. Cassatt. The absence of a flag is not a finding that it is good law.
- Cited by
- 8 opinions
The Circuit Court of Appeals had no power to review the order of the lower court.
The order was not a collateral matter distinct from the general subject of litigation affecting only the parties to the particular controversy, and finally settling the controversy, such as was referred to inBrush Electric Companyv.ElectricImprovement Company, 51 F. 557, but had distinct and important bearing on the general subject of the litigation. In fact, the order did not affect the respondents as individuals at all, being directed against them in their representative capacities. If the penalty prescribed in § 724 Rev. Stat. for disobedience of the order is not exclusive and the court has power to punish disobedience or enforce compliance, then, under the authority ofAlexanderv.United States,201 U.S. 117, the order, prior to such action on the part of the court, is interlocutory in the principal suit.
On the other hand, if the penalty be considered exclusive, then the order, so far as concerns the respondents in certiorari, was merefulmen brutumand they were in no way aggrieved. Still further, the order was rendered in a proceeding for the protectionPage 185of the rights of the party to the suit for whose benefit it was made and for that reason not reviewable.Doylev.LondonGuarantee Co.,204 U.S. 599.Mr. John G. Johnson, with whomMr. Francis I. Gowenwas on the brief, for respondents:
The order of the Circuit Court was a final one and one, consequently, which the Court of Appeals was justified in reviewing. The procedure authorized by § 724, Rev. Stat. is a substitute for proceedings in equity in the nature of discovery.
If the petitioner had been at liberty to proceed in equity by a bill of discovery and had obtained an order or decree similar to that which it has obtained under § 724, an appeal from such order or decree would have been allowable.
But if the order now before the court would have been a final one in an equity proceeding of the character alluded to, it is a final one under the procedure authorized by § 724. The question of its finality, it would seem, ought not to be determined with reference to the character of the proceeding in which it was made, but should be determined solely with reference to the question whether the court has finally by its order or decree disposed of the controversy with respect to which the order was made.
The order was a final one, in the sense that it exhausted the power of the court in the proceeding in which it had been made. Even failure, on the part of the defendants, to comply with its directions, would not open the door to further proceedings or orders, for such failure would not subject them to any pains or penalties whatsoever. The penalty of such disobedience would be visited upon the defendant in the main action, for by the provisions of § 724, failure to produce books and papers by a defendant when ordered authorizes entry of judgment against the defendant by default, and this is the only penalty that follows such failure.
The order involved in the present proceeding was final. It finally and completely disposed of the question of the rightPage 186of the petitioner to have the defendant's papers submitted to its inspection in advance of trial and left open no question or matter for further consideration or action by the court and it was final, therefore, both as to the defendant and those to whom it was directed.Butlerv.Fayerweather, 91 F. 458, citing:Mackeyev.Mallory, 24 C. C.A. 420,S.C., 79 F. 1;Rousev.Hornsby, 14 C. C.A. 377,S.C., 67 F. 219;Gumbelv.Pitkin,113 U.S. 545,S.C.,5 Sup.Ct. 616;Central Trust Co. v.Grant Locomotive Works,135 U.S. 207;Alexanderv.United States,201 U.S. 117, discussed and distinguished.
What Mr. Justice Bradley said inWilliamsv.Morgan,111 U.S. 684,699, in holding a decree on intervention appealable, and citing many cases, was that the order appealed from there "was final in its nature, and was made in a matter distinct from the general subject of litigation, — a matter by itself, which affected only the parties to the particular controversy, and those whom they represented."
This order affected the plaintiff and defendant in the case itself, and not respondents as individuals at all, and if the court had power to punish disobedience or enforce compliancePage 187then the order prior to such action on the part of the court was clearly interlocutory in the suit.Alexanderv.UnitedStates,201 U.S. 117. If the provision of § 724 in respect of disobedience of such an order was exclusive, then, of course, respondents were in no way aggrieved.Doylev.LondonGuarantee Co.,204 U.S. 599.
Whether the order to produce was valid, and whether it warranted judgment by default against the defendant company were matters in which plaintiffs in error had no concern. There was here no attachment for contempt, no judgment on default, and no independent and collateral proceeding, the order disposing of which could be considered as a final decree.Judgment reversed and cause remanded with a direction todismiss the writ of error.