United States v. Circuit Court, Ninth Circuit, District of Montana

Full title: UNITED STATES ex rel. MONTANA ORE PURCHASING CO. et al. v. CIRCUIT COURT…

Court: United States Court of Appeals, Ninth Circuit

Date published: Oct 17, 1903

126 F. 169 (9th Cir. 1903)

Opinion

126 F. 169 (9th Cir. 1903) UNITED STATES ex rel. MONTANA ORE PURCHASING CO. et al. v. CIRCUIT COURT, NINTH CIRCUIT, DISTRICT OF MONTANA et al. No. 1,007. United States Court of Appeals, Ninth Circuit. October 17, 1903

James M. Denny and John J. McHatton, for petitioners.

Forbis & Evans, Crittenden Thoronton, and J. F. Riley, for respondents.

Before GILBERT and ROSS, Circuit Judges, and HAWLEY, District Judge.

PER CURIAM.

Having decided that the order is not appealable, and the case not being before us on appeal, it follows that the petition must be denied. This court has the power to issue the writ only in aid of its appellate jurisdiction. Section 12, Act March 3, 1891, c.

Page 170.

517, 26 Stat. 829 (U.S. Comp. St. 1901, p. 553), to establish Circuit Courts of Appeals; United States v. Young, 94 U.S. 258, 24 L.Ed. 153.