Lovell-McConnell Mfg. Co. v. Automobile Supply Mfg. Co., 235 U.S. 383 (1914)

Lovell-McConnell Manufacturing Company v.

Automobile Supply Manufacturing Company
No. 722

Motion for leave to file petition for writ of mandamus or certiorari,
submitted November 16, 1914
Decided December 14, 1914
235 U.S. 383

APPLICATION FOR LEAVE TO FILE PETITION FOR MANDAMUS

OR FOR A WRIT OF CERTIORARI TO THE CIRCUIT COURT

OF APPEALS FOR THE SECOND CIRCUIT

Syllabus

In this case, a petition for mandamus directing the court below to correct its action is denied and a petition for certiorari granted, and, the parties having so stipulated, the papers filed are treated as the record, and the case regarded as submitted for decision on the merits.

Although the provisions in the Act of February 13, 1911, c. 47, 36 Stat. 901, in regard to clerk’s fee for supervising printing the record, may not apply to appeals from every interlocutory decree, it does apply where the decree, as in this case, although interlocutory in character, is, within the intendment of the statute, a final decree. Smith v. Farbenfabriken of Elberfeld Co., 197 F. 894, approved.

The facts, which involve the construction of the Act of February 13, 1911, 36 Stat. 901, amending the fee bill and its application to interlocutory decrees, are stated in the opinion.