Moore v. Fidelity & Deposit Co.
272 U.S. 317 (1926)

Annotate this Case

U.S. Supreme Court

Moore v. Fidelity & Deposit Co., 272 U.S. 317 (1926)

Moore v. Fidelity & Deposit Company

No. 185

Argued October 12, 1926

Decided November 1, 1926

272 U.S. 317

Syllabus

1. Under Jud.Code § 238, as amended by Act of Feb. 13, 1925, a decree of the district court is not appealable directly to this Court on constitutional grounds alone, but only in cases falling within the acts or parts of acts enumerated in that section as amended. P. 272 U. S. 319.

2. Section 266, which is enumerated in and amended by § 238, authorizes a direct appeal to this Court from the final decree of the district court granting a permanent injunction in a suit to

Page 272 U. S. 318

restrain enforcement of an order of a state administrative board upon the ground of unconstitutionality only where the case was, and was required to be, heard before three judges because the application for a preliminary injunction was pressed. P. 272 U. S. 320.

Appeal from 3 F.2d 652 dismissed.

Appeal from a final decree of the district court (one judge sitting) granting a permanent injunction in a suit by indemnity insurance companies to enjoin a state insurance commissioner from carrying out a threat to annul their licenses for failure to obey an order cancelling their authority to issue a certain kind of policy. The prayer for a preliminary injunction was not pressed.

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