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138 U.S. 404

Cooper

Supreme Court of the United States

February 2, 1891.

Supreme Court of the United States · decided 1891-02-02

ORIGINAL-. No number. • On the 12th day of January, 1891, Mr. Joseph H. Choate presented to the court a petition- for a writ of prohibition to be directed to the judge of the District Court of the United States in and for the Territory of Alaska, and moved for leave to file the same.

2 counsel of record

Relies on Cheney v. Hughes

Good law ✅— No negative treatment on recordhow we know

Stay/motion granted · 9–0 · Decided 1891-02-02

How this case has been cited

Cited by 12 later decisions (1 by the Supreme Court) — most recently June 1973

2 district · 1 state decisions

40189119001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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[Statement of Case from pages 404-413 intentionally omitted]

Calderon Carlisle and Joseph H. Choate, for the motion.

Atty. Gen. Miller and Sol. Gen. Taft, in on position.

[The balance of this page intentionally omitted]

FULLER, C. J.

¶1

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 leave 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.

¶2

(Counsel having conferred, the second Monday of April was made the return-day.)

¶3

Leave Granted.

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