United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ex Parte Southwestern Surety Ins. Co., 247 U.S. 19 (1918)

Ex Parte Southwestern Surety Insurance Company

No. 28, Original

Submitted April 22, 1918

Rule discharged May 20, 1918

247 U.S. 19

Syllabus

In an action against a contractor and surety under the Act of August 13, 1894, 28 Stat. 278, as amended, the district court has jurisdiction to decide whether claims of materialmen were filed within the year limited by the act, and upon the effect of filing them later.

Prohibition will not issue to control the district court upon questions which that court is competent to decide or questions dependent on facts not presented to this Court.

Rule discharged.

Upon petition, a rule was made upon the judge of the District Court for the Western District of North Carolina to show cause why a writ of prohibition should not issue to prevent further proceedings in an action brought against a contractor and the petitioner as its surety, under the Act of August 13, 1894, c. 280, 28 Stat. 278, as amended. The decision was made upon the petition and respondent's answer thereto.

Page 247 U. S. 20