Scanbe Manufacturing Company v. William Tryon, Etc., and United States Marshal

U.S. Court of Appeals for the Ninth Circuit August 2, 1968

Scanbe Manufacturing Company v. William Tryon, Etc., and United States Marshal, 400 F.2d 598 (9th Cir. 1968)

1968 U.S. App. LEXIS 5888

Opinion

*599 PER CURIAM:

The district court held that “the injunction signed only by a deputy clerk of the District Court is void” for want of a judicial signature. Section 1691 of Title 28, U.S.C. (which was not called to the attention of the district court) provides that “All writs and process issuing from a court of the United States shall be under the seal of the court and signed by the clerk thereof" (emphasis added).

In view of the clear provisions of the statute, the judgment must be reversed.

Reference

Full Case Name: SCANBE MANUFACTURING COMPANY, Appellant, v. William TRYON, Etc., and United States Marshal, Appellees
Cited By: 2 cases
Status: Published