CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


CITY OF HAMMOND V. SCHAPPI BUS LINE, INC., 275 U. S. 164 (1927)

Subscribe to Cases that cite 275 U. S. 164 RSS feed for this section

U.S. Supreme Court

City of Hammond v. Schappi Bus Line, Inc., 275 U.S. 164 (1927)

City of Hammond v. Schappi Bus Line, Inc.

No. 67

Argued October 25, 26, 1927

Decided November 21, 1927

275 U.S. 164

Syllabus

1. In a suit in the federal courts to enjoin enforcement of a city ordinance, its validity under the federal Constitution is not properly to be considered if it be found void under the state law, and questions involving the application of that law should be discussed and determined by the two courts below preliminary to their consideration here. P. 275 U. S. 169.

2. Before novel and important questions of constitutional law in a suit in the lower federal courts are passed upon by this Court, the facts essential to their decision should be found by those courts upon adequate evidence; this Court will not attempt to find the facts from an inadequate record consisting of pleadings and affidavits used on an application for a temporary injunction. P. 275 U. S. 171.

3. When a suit to enjoin enforcement of a city ordinance has gone no farther in the district court than an order overruling an application for a preliminary injunction based on pleadings and affidavits, and reaches the circuit court of appeals by appeal from that order, it is not ripe for final disposition by a decree of the latter court directing a permanent injunction. P. 275 U. S. 172.

4. Under the circumstances, without costs to either party, the decree of the circuit court of appeals directing a permanent injunction is modified by directing an injunction pending the suit, and by remanding the cause to the district court for proceedings on final hearing with liberty to allow amendment of pleadings. P. 275 U. S. 172.

11 F.2d 940 modified.

Certiorari, 273 U.S. 675, to a decree of the Circuit Court of Appeal rendered on appeal from an order of the chanroblesvirtualawlibrary

Page 275 U. S. 165

district court overruling an application for an interlocutory injunction in a suit to restrain the city from enforcing against the petitioner an ordinance concerning the operation of motor busses. The circuit court of appeals reverse the district court and directed a decree granting the injunction, without specifying its scope. Compare City of Hammond v. Farina Bus Line, post, p. 275 U. S. 173.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED