Smith v. Wilson
273 U.S. 388 (1927)

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U.S. Supreme Court

Smith v. Wilson, 273 U.S. 388 (1927)

Smith v. Wilson

No. 648

Argued January 5, 6, 1927

Decided February 21, 1927

273 U.S. 388

Syllabus

1. Section 266 of the Judicial Code, as amended by the Act of February 13, 1925, does not require a court of three judges on the final hearing unless an application for preliminary injunction was pressed to a hearing. In that case, an appeal either from the determination on the preliminary application or from the final decree may be taken directly to this Court. P. 273 U. S. 391.

2. If the plaintiff does not press an application for an interlocutory injunction, the final hearing may be before a single judge, whose decision may be review.ed by the circuit court of appeals and this Court under other applicable provisions of the Code. Id.

3. Whether it is erroneous for three judges to sit at final hearing in a case in which there was no application for an interlocutory injunction is not here decided. Id.

Appeal from 13 F.2d 1007 dismissed.

Appeal from a final decree of the district court of three judges in a suit to enjoin officials of Texas from levying assessments on plaintiffs' land, and issuing bonds, under a plan of navigation improvement authorized by a state law which the bill challenged as violative of the Fourteenth Amendment.

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