Wash. Mkt. Co. v. District of Columbia, 137 U.S. 62 (1890)
Case details
Citation
137 U.S. 62
Full caption
WASHINGTON MARKET COMPANY v. DISTRICT OF COLUMBIA.
Country
United States
Jurisdiction
Federal
Court
Supreme Court of the United States
Decided
Oct. 27, 1890
Opinion
Per curiam
WASHINGTON MARKET COMPANY v. DISTRICT OF COLUMBIA.
APPEAL FROM THE SUPREME COURT OF THE DISTRICT OF COLUMBIA.
No. 10. Submitted October 21,1890. — Decided October 27,1890.
The court dismisses without costs to either party an appeal, the subject matter of which has been settled elsewhere, leaving only the disposition of costs involved.
In equi ty . The case is stated in the opinion.
Per Curiam : This is an appeal from the decree of the Supreme Court of the District of Columbia dismissing the bill of p. 63complaint filed by appellant therein, the object of the bill having been to restrain the defendants from selling, or attempting to sell, certain property of complainant, on account of certain assessments for street improvements, and also to cancel and annul two tax lien certificates therein named; and counsel for appellant having stated in open court that such assessments and lien certificates have been, pending this appeal, quashed and annulled at law by the Supreme Court of the District of Columbia, and that only the disposition of costs is involved herein, it is ordered that said appeal be
Dismissed without costs to either party.
Mr. William Birney for appellant.
Hr. George C. Hazelton and Mr. S. T. Thomas for appellee.
IN RE HUNTINGTON, Petitioner.
ORIGINAL.
Not numbered. Submitted October 27, 1890. — Decided November 3,1890.
On the authority of Ex parte Mirzan, 119 U. S. 584, the court denies a petition for leave to file a petition for a writ of habeas corpus.
This was a petition for leave to file a petition for a writ of habeas corpus. The petition sought to be filed set forth the issue of a writ of dedimus potestatem by the Circuit Court of the United States for the District of Colorado, to take the evidence of the petitioner, a resident of New York, to be used in a suit pending in that court; the execution of the writ by the commissioner named in it; the refusal of the witness to answer some of the questions propounded by the commissioner; an order of the court that he appear before the commissioner within thirty days and answer the unanswered questions, or otherwise be deemed in contempt, and stand committed till he should answer; his appearance and continued refusal to
Syllabus.
answer; and that the marshal of the Southern District of New York had taken him into custody for the contempt, and continued to hold him. The petitioner prayed for a writ of habeas corpus to that officer from this court.
Per Curia m : Petitioner alleges that he is detained by the United States marshal for the Southern District of New York, by virtue of an order purporting to be an order of the Circuit Court of the United States for the District of Colorado. The motion for leave to file a petition for the writ of habeas corpus is denied upon the authority of Ex parte Mirzan, 119 U. S. 584, and cases cited.
Denied.
Mr. Backus W. Huntington for the petitioner.