Ex Parte Poresky, 290 U.S. 30 (1933)

Ex Parte Poresky


No. ___, original


Motion submitted October 2, 1933
Decided November 6, 1933
290 U.S. 30

MOTION FOR LEAVE TO FILE PETITION
FOR WRIT OF MANDAMUS

Syllabus

1. When a bill for a preliminary injunction to restrain the enforcement of a state statute fails to set up a substantial federal question and no other ground of jurisdiction appears, a single district judge holding the district court has authority to dismiss it for the want of jurisdiction without calling the three-judge court, under Jud.Code § 266, to hear the injunction application. P. 31.

2. The proposition that c. 90, Gen.Laws Mass. in requiring the posting of automobile liability insurance as a condition to registration of cars and issuance of license plates, for cars owned and operated wholly within the State, violates the Fourteenth Amendment, held clearly without merit in view of previous decisions by this Court. P. 32.

Motion denied.

Application for leave to file petition for a writ of mandamus.