United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ex Parte Abdu, 247 U.S. 27 (1918)

Ex Parte Abdu

No. 31, Original

Argued April 29, 1918

Rule discharged May 20, 1918

247 U.S. 27

Syllabus

In a case ultimately within its reviewing power, this Court has jurisdiction to require by mandamus the filing of the record in the circuit court of appeals.

Where the refusal to file was in accordance with orders of the court of appeals, relied on in the clerk's answer, held that, while properly the relief should have been directed to the court, under the peculiar circumstances, the irregularity might be treated as formal and the authority to make the orders be determined with the clerk alone as technical respondent.

The provision in the Act of June 12, 1917, c. 27, 40 Stat. 157, that

"courts of the United States shall be open to seamen without furnishing bonds or prepayment of or making deposit to secure fees or costs, for the purpose of entering and prosecuting suit,"

etc., does not apply to appellate proceedings.

Rule discharged.

The case is stated in the opinion.