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McCLELLAN v. CARLAND

No. 630.

217 U.S. 268 (1910)

30 S.Ct. 501

54 L.Ed. 762

McCLELLAN v. CARLAND, UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF SOUTH DAKOTA.

Supreme Court of United States.

Decided April 11, 1910.

Attorney(s) appearing for the Case

Mr. Melvin Grigsby for petitioners.

Mr. Frederic D. McKenney, with whom Mr. S.W. Clark, Attorney General of South Dakota, and U.S.G. Cherry were on the brief, presented a statement and suggestions on behalf of John E. Carland, United States District Judge for the District of South Dakota.

MR. JUSTICE DAY delivered the opinion of the court.

This case comes here upon a writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit. In that court McClellan and others, petitioners, filed a petition for a writ of mandamus against the United States District Judge for the District of South Dakota, praying a writ of mandamus to said judge, sitting as a judge of the Circuit Court of said district, commanding...

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