Ex parte In re Gertrude Glaser, Administratrix, Petitioner . riginal

Citation198 U.S. 171,25 S.Ct. 653,49 L.Ed. 1000
Decision Date08 May 1905
Docket NumberO,No. 16,16
PartiesEX PARTE: IN RE GERTRUDE GLASER, Administratrix, Petitioner . riginal
CourtUnited States Supreme Court

Messrs. Richard A. Irving and Lewis E. Carr, Jr., for petitioner.

Mr. Alvin Cushing Cass for respondent.

Mr. Chief Justice Fuller delivered the opinion of the court:

This is a petition by Gertrude Glaser, as administratrix for mandamus, requiring the judges of the circuit court of the United States for the eastern district of New York to take jurisdiction and proceed against Anthony P. Langer in a certain suit alleged by petitioner to be pending and undetermined in that court, wherein Gertrude Glaser, as administratrix, is plaintiff, and Anthony P. Langer is defendant, and to strike from the records of the court a certain order made on the 14th day of November, 1904, entitled: "In the Matter of the Application of Gertrude Glaser, Administratrix, etc., to compel the filing of an answer, or other relief, in an action alleged to be pending between Gertrude Glaser, as Administratrix, etc., of Isador Glaser, deceased, Plaintiff, and Anthony P. Langer, Defendant,' whereby petitioner's application to compel the filing of said answer was denied, on the ground that no such action was pending, and to make such disposition of said suit as ought to have been made had said order not been made and entered therein . . .'

The petition alleged the commencement in the circuit court of a common-law action by petitioner, as administratrix, against Langer, to recover damages for negligence causing the death of petitioner's husband, and rested the jurisdiction on diversity of citizenship. The circumstances in respect of a mistake, by reason of which no summons was issued, though service of copy was made, are set forth in detail, and the fact alleged of notice of appearance and answer, and the assertion by defendant's attorney that this was in ignorance of the defect in the summons.

Leave to file the petition was granted, and this having been done, a rule was entered thereon, to which the judge presiding in the circuit court, and before whom all the proceedings referred to in the petition were had, and by whom the decision was made, made due return submitting his action in the premises, and certifying that his reasons for denying the motion were set forth in the order, which is given at length. It appears therefrom that the motion was denied 'upon the sole ground that no action of Gertrude Glaser, as...

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6 cases
  • Chandler v. Judicial Council of Tenth Circuit of United States
    • United States
    • U.S. Supreme Court
    • June 1, 1970
    ...L.Ed.2d 802 (1966); Roche v. Evaporated Milk Assn., 319 U.S. 21, 63 S.Ct. 938, 87 L.Ed. 1185 (1943). But cf. In re Glaser, 198 U.S. 171, 173, 25 S.Ct. 653, 654, 49 L.Ed. 1000 (1905); In re Massachusetts, 197 U.S. 482, 488, 25 S.Ct. 512, 514, 49 L.Ed. 845 Each of the prior cases in which thi......
  • Ex parte Republic of Peru. the Ucayali. riginal
    • United States
    • U.S. Supreme Court
    • April 5, 1943
    ...have appellate jurisdiction. In re Commonwealth of Massachusetts, 197 U.S. 482, 25 S.Ct. 512, 49 L.Ed. 845, and In re Glaser, 198 U.S. 171, 25 S.Ct. 653, 49 L.Ed. 1000. In these cases rules were discharged because, under the Circuit Courts of Appeals Act, appeals could not be brought direct......
  • Ex parte United States
    • United States
    • U.S. Supreme Court
    • December 5, 1932
    ...directly by appeal or writ of error. In re Massachusetts, 197 U.S. 482, 25 S.Ct. 512, 49 L.Ed. 845. And see, also, Ex parte Glaser, 198 U.S. 171, 25 S.Ct. 653, 49 L.Ed. 1000. Assuming that an application of those decisions to the present case would necessitate a denial of the writ, later ca......
  • Wabash Ry. Co. v. Woodrough
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • November 30, 1928
    ...this court has no jurisdiction to issue the writ. In re Massachusetts, 197 U. S. 482, 25 S. Ct. 512, 49 L. Ed. 845; In re Glaser, 198 U. S. 171, 25 S. Ct. 653, 49 L. Ed. 1000; Muir v. Chatfield (C. C. A.) 255 F. A motion to dismiss the application for the writ has been made by respondents; ......
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