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EX PARTE FIRST NATIONAL BANK OF CHICAGO, 207 U. S. 61 (1907)

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U.S. Supreme Court

Ex Parte First National Bank of Chicago, 207 U.S. 61 (1907)

Ex Parte First National Bank of Chicago

No. 8 Original, and 38

Submitted May 13, 1907

Decided October 28, 1907

207 U.S. 61

Syllabus

Where the circuit court of appeals, after issuing mandamus to the district judge requiring him to modify a decree so as to conform to the decision of this Court, allows the party in interest a writ of error and the district judge declines to sue out or join in the writ, the writ will not be dismissed because the district judge is not a party, and the fact that he has obeyed the order will not prejudice the position of the plaintiff in error.

This Court customarily issues a single mandate, and if in a case originating in the district court it is addressed to the circuit court of appeals, the directions are simply to be communicated to the district court to be followed by it on the authority of this Court, and not of the circuit court of appeals, and that court has no jurisdiction to compel the district court to alter its decree.

Where the circuit court of appeals has improperly issued mandamus to the district judge to modify a decree to conform to the decision of this Court, this Court will reverse the judgment and issue mandamus to the district court to set aside the decree entered in pursuance thereof.

The decision of this Court in First National Bank v. Chicago Title & Trust Co., 198 U. S. 280, merely gave directions in general form to be carried out by the district court, and it was not intended to supersede the authority given to that court by the bankruptcy law to control litigation by the trustee.

The facts are stated in the opinion. chanrobles.com-red

Page 207 U. S. 64


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