Hurley v. Lindsay, Superintendent of Lorton Reformatory
Cases that cite this one
20 later published cases cite this decision. The 19 that cite it most often are listed here.
- R. J. Corman Railroad Company/Carolina Lines, LLC v. Global Bio Resources, Inc. (District Court, E.D. North Carolina 2024)
- Allen Carroll Pruitt v. Joseph H. Campbell, Commonwealth Attorney for the City of Norfolk (4th Cir. 1970)
- Clausell v. Turner (District Court, S.D. New York 1969)
- Severino v. United States (United States District Court for the Middle District of Florida 2022)
- UNITED STATES of America, Plaintiff-Appellee, v. Jesus Felix GUTIERREZ, Defendant-Appellant (9th Cir. 1997)
- Sturge v. Diversified Transport Corp. (District Court, S.D. New York 1991)
- Great American Insurance v. Houston General Insurance (District Court, S.D. New York 1990)
- Mosteller v. Smith (District Court, E.D. Virginia 1990)
- United States v. Joseph Patrick Thomas Doherty (2d Cir. 1986)
- Duran v. Wells (Fla. Dist. Ct. App. 1975)
- Grimm v. Co. Comm'rs of Wash. Co. (Md. 1969)
- Mowers v. United States Attorney General (District Court, S.D. New York 1969)
- Grayson ex rel. Grayson v. Eisenstadt (District Court, D. Massachusetts 1969)
- Frank Edward Sepulveda v. The State of Colorado (10th Cir. 1964)
- Carol City Utilities, Inc. v. Dade County Water & Sewer Board (Miami-Dade County Circuit Court 1961)
- Frix v. Beck (Fla. Dist. Ct. App. 1958)
- Tuckson v. Clemmer (4th Cir. 1956)
- Tuckson v. Clemmer (4th Cir. 1956)
- Omri E. Daniels, Jr., Barge Hiskey and Bentley M. McMullin v. C. Sewell Thomas (10th Cir. 1955)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
This is an appeal from an order denying a petition for a declaratory judgment. Appellant is imprisoned in the Lorton Reformatory under the judgment and sentence of the United States District Court for the District of Columbia. He complains that orders made and commitments issued in connection with the judgment and sentence are void and asked the court below to so declare. We agree with the District Judge that he was without jurisdiction in the premises. If there was any irregularity in the sentence or orders under which *411 appellant was held, and we do not intimate that there was, appellant’s remedy was a motion in the sentencing court under 28 U.S.C. § 2255, not a petition for a declaratory judgment in another court. As was well said by Judge Watkins, speaking for the Court of Appeals of the District of Columbia Circuit in Clark v. Memolo, 85 U.S.App.D.C. 65, 174 F.2d 978, 981, “It was the primary purpose of the [Declaratory Judgment] act, [28 U.S.C.A. §§ 2201, 2202] to have a declaration of rights not theretofore determined, and not to determine whether rights theretofore adjudicated have been properly adjudicated.”
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.