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GOLTRA V. WEEKS, 271 U. S. 536 (1926)

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U.S. Supreme Court

Goltra v. Weeks, 271 U.S. 536 (1926)

Goltra v. Weeks

No. 718

Argued April 27, 28, 1926

Decided June 7, 1926

271 U.S. 536

Syllabus

1. A suit by one who had obtained lawful possession of a fleet of boats belonging to the United States, under a lease or charter for a term of years executed by the Chief of Engineers by direction of the Secretary of War, to enjoin the latter official and an army officer from wrongfully and forcibly taking possession of the boats in pursuance of an alleged conspiracy between them, and to require the defendants to restore some of the boats already so taken, is not a suit against the United States, and the United States is not a necessary party. Philadelphia Co. v. Stimson, 223 U. S. 605, followed. Wells v. Roper, 246 U. S. 335, distinguished. P. 271 U. S. 544.

2. A stipulation in a lease authorizing the lessor to terminate the lease and retake the property if, in his judgment, the lessee is not complying with his obligations under the contract is valid, and, in the absence of bad faith, the lessor's judgment on the question of compliance is conclusive. P. 271 U. S. 547.

3. In a suit by a lessee to enjoin threatened retaking of leased property, where it appeared, on motion for a preliminary injunction, that the defendant had actually taken the property from the plaintiff's possession, but also, upon a full showing, that he had a clear right to retake it under the lease, held that plaintiff was not entitled to a temporary injunction restoring the possession pendente lite, even though the retaking had been accomplished through a wrongful show of force and was timed to avoid an injunction. P. 271 U. S. 548.

7 F.2d 838 affirmed. chanroblesvirtualawlibrary

Page 271 U. S. 537

Certiorari to a decree of the circuit court of appeals which reversed a decree of temporary injunction rendered by the district court in a suit by Goltra to enjoin the Secretary of War and an army officer from seizing from his possession certain boats and barges which had been leased to him by the Chief of Engineers, acting for the United States by direction of the Secretary. The bill also prayed restoration of part of the boats already taken, and the remainder were taken before the hearing. The decree commanded restoration of plaintiff's possession, and enjoined further interference during the suit. See also Ex parte United States, 263 U. S. 389. chanroblesvirtualawlibrary

Page 271 U. S. 538





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