H. J. Ryan v. State of Tennessee

Sixth Circuit

H. J. Ryan v. State of Tennessee

257 F.2d 63, 1958 U.S. App. LEXIS 4445

CourtCourt of Appeals for the Sixth Circuit

DecidedJune 18, 1958

Docket13441

StatusPublished

This text of 257 F.2d 63 (H. J. Ryan v. State of Tennessee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

H. J. Ryan v. State of Tennessee, 257 F.2d 63, 1958 U.S. App. LEXIS 4445 (6th Cir. 1958).

Pincite

Opinion

PER CURIAM.

This appeal was considered by the Court on the record and briefs of the parties and oral argument of counsel for appellee.

It appears from the complaint that no factual situation is presented to the Court and no controversy or issue between the appellant and appellee is stated therein, and that the only prayer is that the Court make an abstract ruling with respect to the construction and effect of the 9th Amendment to the United States Constitution.

Constitutional questions are not to be decided hypothetically. Anniston Manufacturing Co. v. Davis, 301 U. S. 337, 353, 57 S.Ct. 816, 81 L.Ed. 1143. No justiciable issue is presented by the complaint. Aetna Life Insurance Co. v. Haworth, 300 U.S. 227, 240-241, 57 S.Ct. 461, 81 L.Ed. 617.

It Is Ordered that the judgment of the District Court dismissing the complaint be affirmed.

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