Ex parte Poresky. No. ___, Original

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation78 L.Ed. 152,290 U.S. 30,54 S.Ct. 3
Decision Date06 November 1933
PartiesEx parte PORESKY. No. ___, Original

290 U.S. 30
54 S.Ct. 3
78 L.Ed. 152
Ex parte PORESKY.
No. ___, Original.
Decided Nov. 6, 1933.

Mr. Joseph Poresky, pro se.

PER CURIAM.

Leave is asked to file a petition for a writ of mandamus requiring District Judge Elisha H. Brewster, or other competent judge, to call to his assistance two other judges for the purpose of hearing and determining petitioner's application for an interlocutory injunction, as directed by statute. Jud. Code § 266, 28 U.S.C. § 380 (28 USCA § 380).

Petitioner brought suit in the District Court of the United States against Joseph E. Ely, Governor, Joseph E. Warner, Attorney General, and Morgan T. Ryan, Registrar of Motor Vehicles, of Massachusetts, to enjoin the enforcement of chapter 90, § 34A et seq., of the General Laws (Ter. Ed.) of Massa

Page 31

chusetts relating to 'compulsory automobile liability insurance,' upon the ground that the statute violates the Fourteenth Amendment of the Constitution of the United States. Petitioner alleged in his complaint that he is a citizen of Massachusetts; that the Registrar of Motor Vehicles had refused registration and number plates for his car unless he complied with the statute, under which he 'must first post either bond or cash of $5,000, or procure insurance'; that the statute 'is only applicable to cars owned and operated within the State and does not include cars in interstate traffic'; that he cannot comply with the statute; that to disregard it would bring him fine and imprisonment; that he has no adequate remedy at law; and that his inability to comply with the statute 'is the Registrar's only reason for refusing him registration and number plates.'

The District Judge dismissed the complaint as to Governor Ely and Attorney General Warner upon the ground that they were improperly joined as parties, and later he dismissed the complaint as to the defendant Ryan, Registrar of Motor Vehicles, for the want of jurisdiction, as there was no diversity of citizenship and no substantial federal question.

The District Judge recognized the rule that if the court was warranted in taking jurisdiction and the case fell within section 266 of the Judicial Code (28 USCA § 380), a single judge was not authorized to dismiss the complaint on the merits, whatever his opinion of the merits might be. Ex parte Northern Pacific Railway Co., 280 U.S. 142, 144, 50 S.Ct. 70, 74 L.Ed. 233; Stratton v. St. Louis Southwestern Railway Co., 282 U.S. 10, 15, 51 S.Ct. 8, 75 L.Ed. 135....

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596 practice notes
  • LAKE LANSING SP. A. PROT. ASS'N v. INGHAM CTY., ETC., No. G-78-648.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • April 16, 1980
    ...and Light Company, 252 U.S. 388, 40 S.Ct. 404, 64 L.Ed. 626 (1920); Garvin v. Rosenau, 455 F.2d 233 (CA 6, 1972). In Ex Parte Poresky, 290 U.S. 30 at p. 32, 54 S.Ct. 3, 4, 78 L.Ed. 152 (1933) the Court explained what substantial The question may be plainly unsubstantiated, either because it......
  • Mellinger v. Laird, Civ. A. No. 70-40.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • February 16, 1972
    ...For this reason Mellinger has an obligation of only 15 months and 9 days, rather than 2 years. 45 In the leading case, Ex Parte Poresky, 290 U.S. 30, 32, 54 S.Ct. 3, 78 L.Ed. 152 (1933), the Supreme Court held that a single judge may dismiss a complaint challenging the constitutionality of ......
  • Feinberg v. Federal Deposit Ins. Corp., No. 74-1970
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 17, 1975
    ...controversy. Idlewild Bon Voyage Liquor Corp. v. Epstein, 370 U.S. 713, 715, 82 S.Ct. 1294, 8 L.Ed.2d 794 (1962); Ex parte Poresky, 290 U.S. 30, 54 S.Ct. 3, 78 L.Ed. 152 Page 1339 (1933). Constitutional claims may be regarded as insubstantial if they are "obviously without merit,"......
  • Hjelle v. Brooks, Civ. A. No. A-191-73.
    • United States
    • United States District Courts. 9th Circuit. District of Alaska
    • April 30, 1974
    ...the subject of controversy." Goosby v. Osser, 409 U.S. 512, 518, 93 S.Ct. 854, 859, 35 L.Ed.2d 36 (1973), quoting Ex parte Poresky, 290 U.S. 30, 32, 54 S.Ct. 3, 78 L.Ed. 152 (1933). Prior Supreme Court decisions must render the claims frivolous; "claims of doubtful or questionable......
  • Request a trial to view additional results
596 cases
  • LAKE LANSING SP. A. PROT. ASS'N v. INGHAM CTY., ETC., No. G-78-648.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • April 16, 1980
    ...and Light Company, 252 U.S. 388, 40 S.Ct. 404, 64 L.Ed. 626 (1920); Garvin v. Rosenau, 455 F.2d 233 (CA 6, 1972). In Ex Parte Poresky, 290 U.S. 30 at p. 32, 54 S.Ct. 3, 4, 78 L.Ed. 152 (1933) the Court explained what substantial The question may be plainly unsubstantiated, either because it......
  • Mellinger v. Laird, Civ. A. No. 70-40.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Eastern District of Pennsylvania)
    • February 16, 1972
    ...For this reason Mellinger has an obligation of only 15 months and 9 days, rather than 2 years. 45 In the leading case, Ex Parte Poresky, 290 U.S. 30, 32, 54 S.Ct. 3, 78 L.Ed. 152 (1933), the Supreme Court held that a single judge may dismiss a complaint challenging the constitutionality of ......
  • Feinberg v. Federal Deposit Ins. Corp., No. 74-1970
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 17, 1975
    ...controversy. Idlewild Bon Voyage Liquor Corp. v. Epstein, 370 U.S. 713, 715, 82 S.Ct. 1294, 8 L.Ed.2d 794 (1962); Ex parte Poresky, 290 U.S. 30, 54 S.Ct. 3, 78 L.Ed. 152 Page 1339 (1933). Constitutional claims may be regarded as insubstantial if they are "obviously without merit," or if the......
  • Hjelle v. Brooks, Civ. A. No. A-191-73.
    • United States
    • United States District Courts. 9th Circuit. District of Alaska
    • April 30, 1974
    ...can be the subject of controversy." Goosby v. Osser, 409 U.S. 512, 518, 93 S.Ct. 854, 859, 35 L.Ed.2d 36 (1973), quoting Ex parte Poresky, 290 U.S. 30, 32, 54 S.Ct. 3, 78 L.Ed. 152 (1933). Prior Supreme Court decisions must render the claims frivolous; "claims of doubtful or questionable me......
  • Request a trial to view additional results

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