In re Stewart

N.D. California

In re Stewart

1 F.R.D. 105, 1 Fed. R. Serv. 647, 1939 U.S. Dist. LEXIS 1651

CourtDistrict Court, N.D. California

DecidedMarch 21, 1939

DocketNo. 21169-S

StatusPublished

Cited by1 cases

This text of 1 F.R.D. 105 (In re Stewart) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re Stewart, 1 F.R.D. 105, 1 Fed. R. Serv. 647, 1939 U.S. Dist. LEXIS 1651 (N.D. Cal. 1939).

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Opinion

ST. SURE, District Judge.

Petitioner asks leave to file in forma pauperis under the provisions of 28 U.S.C. A. § 832 an application for a writ of mandamus. The petition fails to disclose a meritorious cause of action (Phillips v. McCauley, 9 Cir., 92 F.2d 790), and besides writs of mandamus have been abolished by 81(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The application is therefore denied.

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ST. SURE, District Judge.

Petitioner asks leave to file in forma pauperis under the provisions of 28 U.S.C. A. § 832 an application for a writ of mandamus. The petition fails to disclose a meritorious cause of action (Phillips v. McCauley, 9 Cir., 92 F.2d 790), and besides writs of mandamus have been abolished by 81(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The application is therefore denied.

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1 F.R.D. 105, 1 Fed. R. Serv. 647, 1939 U.S. Dist. LEXIS 1651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-stewart-cand-1939.

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