Supreme Court of the United States, 1835

Life & Fire Ins. Co. of NY v. Adams

Life & Fire Ins. Co. of NY v. Adams
Supreme Court of the United States · Decided January 1, 1835 · Baldwin, Mi', Marshall
34 U.S. 571; 9 L. Ed. 233; 9 Pet. 571; 1835 U.S. LEXIS 361 (United States Reports)
Life & Fire Ins. Co. of NY v. Adams

Cases that cite this one

15 later published cases cite this decision. The 14 that cite it most often are listed here.

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

Mr Justice Baldwin

was of opinion, that in a cause of this soft, the court ought not to dispense with the regular course of proceedings,- by the granting and service of a rule to show cause.

Mi' Chief Justice Marshall

said, that the grant of a rule to show cause and the service thereof, is a matter in the discretion of the court. The court may, ip its discretion, grant an alternative mandamus, if it deems it more conducive to public *572 justice, and to-prevent delays. Here all the parties express themselves ready to proceed in the cause. The district judge waives any formal rule and notice, and wishes no delay; and states his readiness now to show cause. .Under such circumstances, all the purposes of a? rule to show cause and notice are ..accomplished, and there is no-necessity for directing such a rulé and notice. The coürt, therefore, in my opinion, may properly proceed.at once tó.the hearing of the causej for. the purpose,of ascertaining whether a mandamus ought or ought not to be awardéd.

The other judges concurred in the opinion of the chief justice; and the court directed the motion to come up on the-next motion day; .

Case-law data current through December 31, 2025. Source: CourtListener bulk data.