Ex Parte Leaf Tobacco Board of Trade of New York
Ex Parte Leaf Tobacco Board of Trade of New York
Opinion
Leave to file petition denied.
1. One who is not a party to a record and judgment is not entitled to appeal therefrom. Bayard v. Lombard, 9 How. 530; Indiana v. Liverpool, London & Globe Ins. Co., 109 U. S. 168; Ex parte Cockroft, 104 U. S. 578.
2. The action of the court below in refusing to permit the movers to become parties to the record is not susceptible of being reviewed by this court on appeal, or indirectly, under the circumstances here disclosed, by the writ of mandamus. In re Cutting, 94 U. S. 15, and see Credits Commutation Co. v. United States, 177 U. S. 311.
3. The merely general nature and character of the interest which the movers allege they háve in the papers here filed is not in any event of such a character as to authorize them in this proceeding to assail the action of the court below. This is more obvious in this case since the act of the court which is assailed has been accepted by those who are parties to the record. United States v. Union Pacific R. R. Co., 105 U. S. 262; Elwell v. Fosdick, 134 U. S. 500.
Reference
- Full Case Name
- Ex Parte in the Matter of Leaf Tobacco Board of Trade of the City of New York, Petitioner
- Cited By
- 60 cases
- Status
- Published
- Syllabus
- One who is not a party to the record and judgment is not entitled to appeal therefrom. The action of the lower court in refusing to permit the movers to become parties to the record in this case is not susceptible of being reviewed by this court on appeal; or indirectly, under the circumstances of this case, by mandamus. The merely general nature and character of the petitioners’ interest in thi§ proceeding is not such as to authorize them to assail the action of the court below. This is the more obvious as the act of the court which is assailed has been accepted by the parties to the record.