United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ex Parte Collins, 277 U.S. 565 (1928)

Ex Parte Collins

No. ___ Original

Motion submitted April 30, 1928

Decided June 4, 1928

277 U.S. 565

Syllabus

1. Leave to file a petition for mandamus to require a district judge to set aside an order refusing an interlocutory injunction and call

Page 277 U. S. 566

in two other judges under Jud.Code, § 266, will be denied if it be clear that the case is not within that section. P. 277 U. S. 566.

2. A suit by an abutting property owner to enjoin a city and its contractor from proceeding under a resolution or the paving of a street, upon the ground that general statutes of the state, which provide that the cost of such improvements hall be assessed against abutting property, contravene the due process clause of the Fourteenth Amendment in not affording the plaintiff a proper hearing, is not a suit to retrain "the enforcement, operation, or execution of a statute of a state" within Jud.Code, § 266. P. 277 U. S. 567.

Motion denied.

On a motion for leave to file a petition for a writ of mandamus requiring a district judge to set aside an order refusing an interlocutory injunction and to call in two additional judges, under § 266 of the Judicial Code, in a suit by an abutting property owner to enjoin execution of a resolution for the paving of a city street.