(DOWNLOAD) "Hoge, Comptroller-General, Et Al. v. Richmond and Danville Railroad Company" by United States Supreme Court " eBook PDF Kindle ePub Free

eBook details

Title: Hoge, Comptroller-General, Et Al. v. Richmond and Danville Railroad Company
Author : United States Supreme Court
Release Date : January 01, 1876
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 73 KB

Description

Mr. William Stone, Attorney-General of the State of South Carolina, moved that this cause be advanced on the docket. This motion is based upon sect. 949 of the Revised Statutes, which is as follows:–– 'When a State is a party, or the execution of the revenue laws of a State is enjoined or stayed in any suit in a court of the United States, such State, or the party claiming under the revenue laws of a State the execution whereof is enjoined or stayed, shall be entitled, on showing sufficient reason, to have the cause heard at any time after it is docketed, in preference to any civil cause pending in such court between private parties.' The original act, to which this section of the revision is applicable, was passed June 30, 1870 (16 Stat. 176). Until that time, the order of hearing causes in this court was regulated almost entirely by rule; and we then held that the only cases of general public interest which should be taken up out of their regular order were those in which the question in dispute would embarrass the operations of the government while it remained unsettled. United States v. Fossatt, 21 How. 445. The statute is not imperative. It does not provide that all cases in which the execution of the revenue laws of the State is enjoined or stayed shall have preference over others upon the docket, but only such as, upon a showing, the court is of the opinion should be heard out of their order. The court must determine what is 'sufficient reason' for this preference, under all the circumstances of the case.