Ex Parte Matter of Harley-Davidson Motor Co., 259 U.S. 414 (1922)

Ex Parte Matter of Harley-Davidson Motor Company

No. 26, Original

Motion for judgment notwithstanding rule to show cause
Submitted April 24, 1922
Decided June 5,1922
259 U.S. 414

PETITION FOR A WRIT OF MANDAMUS

Syllabus

1. The granting by the district court with the acquiescence of the parties of an order of interlocutory injunction, merely that it may be appealed to the circuit court of appeals and the cause thus in effect be submitted to that court as though it were a court of original jurisdiction, is not a compliance with § 129 Jud.Code, which contemplates review after the district court has itself heard and considered. P. 416.

2. An appeal in such case gives jurisdiction to the circuit court of appeals; and, although that court may decline to consider the merits and may reverse and remand the cause for proper proceedings because of the pro forma character of the order appealed from, it cannot dismiss the appeal for that reason, and thus leave the interlocutory injunction in force. P. 418.

Mandamus issued.

Mandamus to require the circuit court of appeals and its judges to entertain and determine an appeal from an order of the district court granting an interlocutory injunction.