Lapique

Lapique v. District Court of the United States

Good Law
8 F.2d 869·1925 U.S. App. LEXIS 3387
United States Court of Appeals for the Ninth CircuitNovember 9, 1925No. 4656California862 words

Opinion

Lead Opinion

Hunt, J.

Petition by Lapique, as assignee of the estate of Miguel Leonis, deceased, for a writ of mandamus, and in the alternative a writ of prohibition or of injunction, commanding the judges of the United States District Court for the Southern District of California to set aside certain orders made in March, April, and June, 1925, which, petitioner avers, denied the enforcement of the final decree of this court, made in 1902, in the case of United States v. Southern Pacific Railroad Co. et al., 88 F. 832 . That was a suit for a further decree in the same case, wherein the Supreme Court annulled the patent to the lands held by the Southern Pacific Railroad Company. United States v. Southen Pacific Railroad Co., 184 U. S. 49 , 22 S. Ct. 285 , 46 L. Ed. 425 . Petitioner alleges that the executors of the last will and testament of Miguel Leonis, deceased, were parties to that snit. In the present matter F. B. Hall, J. S. Hall, C. F. Ritter, A. H. Ritter, J. M. Rouff, Mrs. Rouff, Mrs. Nollenberger, and the Bank of America were served with notice of this motion, and have filed objections tv the petition for mandamus.

From the voluminous petition we gather

these facts: That the predecessors…

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