Berry v. Davis
Cases that cite this one
37 later published cases cite this decision. The 25 that cite it most often are listed here.
- DeFunis v. Odegaard (Wash. 1974)
- Anna Masszonia v. Walter E. Washington (D.C. Cir. 1973)
- Acheson, Secretary of State v. Droesse (D.C. Cir. 1952)
- Acheson v. Droesse (D.C. Cir. 1952)
- W. Ames & Co. v. Wallace (D.C. Cir. 1935)
- Town of Portsmouth v. Lewis (1st Cir. 2016)
- In re: Joseph Lee Moore (N.C. 1976)
- Dr. Bertrand O. Tyson v. Lt. Clarence J. Cazes (5th Cir. 1966)
- United States v. Insurance Board of Cleveland (District Court, N.D. Ohio 1956)
- State of Washington v. United States (9th Cir. 1954)
- Washington v. United States (9th Cir. 1954)
- United States v. International Union, United Mine Workers of America (D.C. Cir. 1951)
- Howard v. Wilbur (6th Cir. 1948)
- Howard v. Wilbur (6th Cir. 1948)
- United States v. Hart-Carter Co. (D. Minn. 1945)
- Empire Star Mines Co. v. Butler (Cal. Ct. App. 1944)
- Bowden v. City of Fort Smith (8th Cir. 1943)
- Jensen v. New York Life Ins. Co. (8th Cir. 1931)
- Contract Cartage Co. v. Sawyer (6th Cir. 1931)
- Mutual Life Ins. v. Lipp (9th Cir. 1928)
- Northeastern Florida Chapter of the Associated General Contractors of America v. City of Jacksonville (Supreme Court of the United States 1993)
- Poe v. Ullman (Supreme Court of the United States 1961)
- Dean Milk Co. v. City of Madison (Wis. 1950)
- Brownlow v. Schwartz (Supreme Court of the United States 1923)
- United States v. Alaska Steamship Co. (Supreme Court of the United States 1920)
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
delivered the opinion of the court.
' This is a bill to enjoin the State Board of Parole and the warden and physician of the state penitentiary at Fort Madison, from performing vasectomy upon the plaintiff, •the defendant in error, in pursuance of ah Iowa statute approved April 19, 1913. 35 G. A., c. 187, § 1. Supplement to Code 1913, c. 19-B, § 2600-p. This act among other things directed the operation to be performed upon convicts in the penitentiary who had been twice convicted of felony, and on February 14, 1914, the Board had ordered it, upon the ground that the plaintiff had been twice so convicted. The bill was filed on March 11, 1914. On April 15, 1914, following an opinion of the Attorney General that both felonies must have been committed after the passage of the act, the order was laid on the table, and the warden and physician made affidavits, filed on April 22, that the operation would not be performed by them. Nevertheless, three judges, disregarding the fore *470 going opinion and action, proceeded to issue a preliminary-injunction as prayed in the bill. 216 Fed. Rep. 413.
An appeal was taken to this court in 1914. In 1915 the Act of 1913 was repealed, and the substituted act does not apply to the plaintiff. Supplemental Supplement to the Code of Iowa, 1915, c. 19-B, § 2600-sl. All possibility or threat of the operation has disappeared now, if not before, by the act of the State. Therefore upon the precedents we are not called upon to consider the propriety of the action of the District Court, but the proper course is to reverse the decree and remand the cause with directions that the bill be dismissed without costs to either party; United States v. Hamburg-Amerikanische Packetfahrt-Actien Gesellschaft, 239 U. S. 466, 475, 478; Jones v. Montague, 194 U. S. 147, 153; Dinsmore v. Southern Express Co., 183 U. S. 115, 120; Mills v. Green, 159 U. S. 651, 658.
Decree reversed. Bill to be dismissed without costs to either party.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.