FURNESS, WITHY & CO., LTD. V. YANG-TSZE INS. ASSN., 242 U. S. 430 (1917)

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U.S. Supreme Court

Furness, Withy & Co., Ltd. v. Yang-Tsze Ins. Assn., 242 U.S. 430 (1917)

Furness, Withy & Company, Limited v.

Yang-Tsze Insurance Association

No. 106

Argued December 18, 19, 1916

Decided January 8, 1917

242 U.S. 430

Syllabus

Petitions for writs of certiorari are at the risk of the parties making them, and whenever in the progress of the cause facts develop which, if disclosed on the application, would have induced a refusal, the court may, upon motion by a party or ex mero motu dismiss the writ. Such petitions should be carefully prepared, contain appropriate references to the record, and present with studied accuracy, brevity, and clearness whatever is essential to ready and adequate understanding of points requiring the court's attention.

When the real situation is not set forth by the petition, a duty rests on opposing counsel to reveal it in their reply.

Writ of certiorari to review 215 F.8d 9 dismissed.

The case is stated in the opinion.

Page 242 U. S. 431