Fenner v. Boykin, No. 308

CourtUnited States Supreme Court
Writing for the CourtMcREYNOLDS
Citation271 U.S. 240,46 S.Ct. 492,70 L.Ed. 927
Docket NumberNo. 308
Decision Date24 May 1926
PartiesFENNER et al. v. BOYKIN et al

271 U.S. 240
46 S.Ct. 492
70 L.Ed. 927
FENNER et al.

v.

BOYKIN et al.

No. 308.
Argued May 4, 1926.
Decided May 24, 1926.

Page 241

Messrs. Arthur G. Powell, of Atlanta, Ga., Thomas W. Hardwick, of Dublin, Ga., and Marion Smith, Max F. Goldstein, and John D. Little, all of Atlanta, Ga., for appellants.

[Argument of Counsel from page 241 intentionally omitted]

Page 242

Messrs. Hooper Alexander and James W. Austin, both of Atlanta, Ga., for appellees.

Mr. Justice McREYNOLDS delivered the opinion of the Court.

This appeal is without merit, and the interlocutory decree below must be affirmed.

By an Act approved August 20, 1906, the Legislature of Georgia declared unlawful certain agreements for the purchase or sale, for future delivery, of designated commodities, and made participation therein a misdemeanor. It also prohibited maintenance of an office where such agreements are offered, and specified what should constitute prima facie evidence of guilty connection therewith. Laws 1906, p. 95.

Appellees, Boykin and Lowry, are the solicitor general and sheriff of Fulton county, Ga., charged respectively with the general duty of prosecuting and arresting offenders.

Page 243

Subsequent to the passage of the act of 1906, appellants, citizens of states other than Georgia, established in Fulton county a branch office, with the ordinary quotation board, where they solicited and received orders, accompanied by margins, to purchase or sell cotton for future delivery on the New York and New Orleans Exchanges. They were threatened with arrest and prosecution for violating the act of 1906. By a bill in the United States District Court for the Northern District of Georgia they challenged the validity of that statute upon the ground that it interfered with the free flow of commerce merce between the states. They alleged that the threatened action would deprive them of rights guaranteed by the federal Constitution, and asked that appellees be enjoined from proceeding therewith.

The District Court, three judges sitting, having heard the matter, concluded that the statute condemned gambling transactions only, did not affect interstate commerce, and that the proposed proceedings against appellants would not deprive them of any right. The request for preliminary injunction was accordingly refused, and this appeal followed. 3 F. (2d) 674.

The trial court discovered no necessity for the relief asked. The record discloses no adequate reason for...

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332 practice notes
  • Romero v. Weakley, No. 1712-SD
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • May 5, 1955
    ...avoidance of needless friction with state policies, whether the policy relates to the enforcement of the criminal law, Fenner v. Boykin, 271 U.S. 240, 46 S.Ct. 492, 70 L.Ed. 927; Spielman Motor Sales Co. v. Dodge, 295 U.S. 89, 55 S.Ct. 678, 79 L.Ed. 1322; or the administration of a speciali......
  • NATIONAL ASS'N FOR ADVANCE. OF COLORED PEOPLE v. Patty, Civ. A. No. 2435
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • January 21, 1958
    ...R. Co., 191 U.S. 492, 24 S.Ct. 164, 48 L.Ed. 274; Cavanaugh v. Looney, 248 U.S. 453, 457, 39 S.Ct. 142, 63 L.Ed. 354; Fenner v. Boykin, 271 U.S. 240, 46 S. Ct. 492, 70 L.Ed. 927; Gilchrist v. Interborough Rapid Transit Co., 279 U.S. 159, 49 S.Ct. 282, 73 L.Ed. 652; Hawks v. Hamill, 288 U.S.......
  • John D. Justice v. King, Case # 08-CV-6417-FPG
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • March 27, 2015
    ...circumstances, where the danger of irreparable loss is both great and immediate." Younger, 401 U.S. at 45 (quoting Fenner v. Boykin, 271 U.S. 240, 243, 46 S.Ct. 492, 70 L.Ed. 927 (1926)). "Certain types of injury, in particular, the cost, anxiety, and inconvenience of having to defend again......
  • Aristocrat Health Club of Hartford v. Chaucer, Civ. No. H-77-553.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • May 8, 1978
    ...to enjoin pending proceedings in state courts is not to issue such injunctions." 401 U.S. at 45, 91 S.Ct. at 751, citing Fenner v. Boykin, 271 U.S. 240, 46 S.Ct. 492, 70 L.Ed. 927 III. Younger arose in connection with a state criminal prosecution, and it was recognized that courts of equity......
  • Request a trial to view additional results
331 cases
  • Romero v. Weakley, No. 1712-SD
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • May 5, 1955
    ...avoidance of needless friction with state policies, whether the policy relates to the enforcement of the criminal law, Fenner v. Boykin, 271 U.S. 240, 46 S.Ct. 492, 70 L.Ed. 927; Spielman Motor Sales Co. v. Dodge, 295 U.S. 89, 55 S.Ct. 678, 79 L.Ed. 1322; or the administration of a speciali......
  • NATIONAL ASS'N FOR ADVANCE. OF COLORED PEOPLE v. Patty, Civ. A. No. 2435
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Eastern District of Virginia)
    • January 21, 1958
    ...R. Co., 191 U.S. 492, 24 S.Ct. 164, 48 L.Ed. 274; Cavanaugh v. Looney, 248 U.S. 453, 457, 39 S.Ct. 142, 63 L.Ed. 354; Fenner v. Boykin, 271 U.S. 240, 46 S. Ct. 492, 70 L.Ed. 927; Gilchrist v. Interborough Rapid Transit Co., 279 U.S. 159, 49 S.Ct. 282, 73 L.Ed. 652; Hawks v. Hamill, 288 U.S.......
  • John D. Justice v. King, Case # 08-CV-6417-FPG
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • March 27, 2015
    ...circumstances, where the danger of irreparable loss is both great and immediate." Younger, 401 U.S. at 45 (quoting Fenner v. Boykin, 271 U.S. 240, 243, 46 S.Ct. 492, 70 L.Ed. 927 (1926)). "Certain types of injury, in particular, the cost, anxiety, and inconvenience of having to defend again......
  • Aristocrat Health Club of Hartford v. Chaucer, Civ. No. H-77-553.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • May 8, 1978
    ...to enjoin pending proceedings in state courts is not to issue such injunctions." 401 U.S. at 45, 91 S.Ct. at 751, citing Fenner v. Boykin, 271 U.S. 240, 46 S.Ct. 492, 70 L.Ed. 927 III. Younger arose in connection with a state criminal prosecution, and it was recognized that courts of equity......
  • Request a trial to view additional results

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