Georgia v. Grant

Supreme Court of the United States
Georgia v. Grant, 73 U.S. 241 (1868)
18 L. Ed. 848; 6 Wall. 241; 1867 U.S. LEXIS 960

Georgia v. Grant

Opinion

The CHIEF JUSTICE

delivered the opinion of the court.

The court has adopted no rules governing suits in cases of original jurisdiction. In cases of equity, however, it has been the usual practice to hear a motion in behalf of the complainant for leave to file the bill, and, leave having been given, subsequent proceedings have been regulated by orders made from time to time as occasion required. The motion for leave has been usually beard ex parte; except at the last term, when leave was asked in behalf of the State of Mississippi to file a bill against the President of the United States. * Under the peculiar circumstances of that case it was thought proper that argument should be heard against the motion for leave. We perceive no reason for making such an exception in the case of the present motion. It will be heard, therefore, on the regular motion day, and only on the part of the complainant; and the court will require that ten printed copies of the bill be filed with' the clerk before the hearing.

The practice now observed maybe regarded as that which will hereafter be adopted in all cases of original equity jurisdiction.

*

4 Wallace, 475.

Reference

Full Case Name
State of Georgia v. Grant
Cited By
3 cases
Status
Published
Syllabus
Though there is bo general rule of court in regard to the matter, yet where a party desires to file a bill in original jurisdiction in equity, it has been usual to hear a motion in his behalf for leave to do so. This motion, except in peculiar circumstances (as where the hill asked to be filed was against the President of the United States), is heard only on the part of the complainant. Ten printed copies of the hill were in this case ordered to he filed with the clerk.