Ex Parte Southwestern Surety Ins. Co., 247 U.S. 19 (1918)

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Author: U.S. Supreme Court

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Ex Parte Southwestern Surety Ins. Co., 247 U.S. 19 (1918)

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Ex Parte Southwestern Surety Insurance Company


No. 28, Original


Submitted April 22, 1918
Rule discharged May 20, 1918
247 U.S. 19

PETITION FOR WRIT OF PROHIBITION

Syllabus

In an action against a contractor and surety under the Act of August 13, 1894, 28 Stat. 278, as amended, the district court has jurisdiction to decide whether claims of materialmen were filed within the year limited by the act, and upon the effect of filing them later.

Prohibition will not issue to control the district court upon questions which that court is competent to decide or questions dependent on facts not presented to this Court.

Rule discharged.

Upon petition, a rule was made upon the judge of the District Court for the Western District of North Carolina to show cause why a writ of prohibition should not issue to prevent further proceedings in an action brought against a contractor and the petitioner as its surety, under the Act of August 13, 1894, c. 280, 28 Stat. 278, as amended. The decision was made upon the petition and respondent’s answer thereto.

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Chicago: U.S. Supreme Court, "Syllabus," Ex Parte Southwestern Surety Ins. Co., 247 U.S. 19 (1918) in 247 U.S. 19 247 U.S. 20. Original Sources, accessed August 9, 2022, http://www.originalsources.com/Document.aspx?DocID=3VB6WLH6INXNEMV.

MLA: U.S. Supreme Court. "Syllabus." Ex Parte Southwestern Surety Ins. Co., 247 U.S. 19 (1918), in 247 U.S. 19, page 247 U.S. 20. Original Sources. 9 Aug. 2022. http://www.originalsources.com/Document.aspx?DocID=3VB6WLH6INXNEMV.

Harvard: U.S. Supreme Court, 'Syllabus' in Ex Parte Southwestern Surety Ins. Co., 247 U.S. 19 (1918). cited in 1918, 247 U.S. 19, pp.247 U.S. 20. Original Sources, retrieved 9 August 2022, from http://www.originalsources.com/Document.aspx?DocID=3VB6WLH6INXNEMV.