Scanbe Manufacturing Company v. William Tryon, Etc., and United States Marshal
This text of 400 F.2d 598 (Scanbe Manufacturing Company v. William Tryon, Etc., and United States Marshal) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The district court held that “the injunction signed only by a deputy clerk of the District Court is void” for want of a judicial signature. Section 1691 of Title 28, U.S.C. (which was not called to the attention of the district court) provides that “All writs and process issuing from a court of the United States shall be under the seal of the court and signed by the clerk thereof" (emphasis added).
In view of the clear provisions of the statute, the judgment must be reversed.
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Cite This Page — Counsel Stack
400 F.2d 598, 1968 U.S. App. LEXIS 5888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scanbe-manufacturing-company-v-william-tryon-etc-and-united-states-ca9-1968.