United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ex Parte Public National Bank, 278 U.S. 101 (1928)

Ex Parte Public National Bank

No. 16 Original

Argued October 29, 1928

Decided November 19, 1928

278 U.S. 101

Syllabus

1. Section 266 of the Judicial Code, which provides that no injunction restraining the enforcement of any statute of a state by restraining the action "of any officer of such state" in the enforcement of such statute shall be granted upon the ground of unconstitutionality of such statute, except upon a hearing and determination by a court composed of three judges, does not apply where the action sought to be enjoined is that of a municipal officer in performance of local, as distinguished from state, functions. P. 278 U. S. 103.

2. A case has not the force of a precedent on a question which, though existent in the record, was not raised or considered by the court. P. 278 U. S. 105.

Rule discharged.

Upon return to a rule issued by this Court to three judges who had convened as a district court under Jud.Code, § 266, in an injunction suit, but had dissolved of their own motion in the belief that the suit was not within that section. The rule called upon them to show cause why a writ of mandamus should not issue requiring them to reconvene and proceed with the suit.

Page 278 U. S. 102