Shreve v. United States

Full title: SHREVE et al. v. UNITED STATES

Court: Circuit Court of Appeals, Ninth Circuit

Date published: Nov 9, 1934

73 F.2d 543 (Conn. Cir. Ct. 1934)

Opinion

No. 7460.

November 9, 1934.

Upon leave to file Petition for Writ of Mandamus to the District Court of the United States for the District of Arizona.

Proceeding between the United States and Jesse H. Shreve and others. From a judgment, Jesse H. Shreve and others appeal. Upon leave to file petition for writ of mandamus to the District Court of the United States for the District of Arizona.

Writ denied.

Charles C. Crouch, of San Diego, Cal., and Leslie C. Hardy, of Tucson, Ariz., for petitioners.

Clifton Mathews, U.S. Atty., of Phœnix, Ariz.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.

WILBUR, Circuit Judge.

Daniel H. Shreve asks leave to file a petition for writ of mandamus against Albert M. Sames, United States District Judge for the District of Arizona, commanding him to rescind an order made with relation to the settlement of the bill of exceptions striking certain matters out of the petitioners' proposed bill of exceptions. The application is denied. The writ of mandamus cannot be used to control the discretion of the trial judge in settling a bill of exceptions. In re Bradstreet, 29 U.S. (4 Pet.) 102, 105, 7 L. Ed. 796; In re Richardson (C.C.A.) 30 F.2d 687; Dunagan v. Appalachian Power Co. (C.C.A.) 29 F.2d 58; Scaife v. West N.C. Land Co. (C.C.A.) 87 F. 308.