Supreme Court of the United States, 1931

Mitchell, Attorney General, Et Al. v. Penny Stores, Inc.

Supreme Court of the United States · Decided October 26, 1931 · Per Curiam

284 U.S. 576; 76 L. Ed. 500; 52 S. Ct. 27; 1931 U.S. LEXIS 486 (United States Reports)

Counsel

Mr. W. L. Guice, with whom Messrs. George T. Mitchell, Attorney General of Mississippi, and J. A. Lauderdale, Assistant Attorney General, were on- the brief, for appellants., Messrs. Wm. H. Watkins, Martin A. Schenck, Clark McKercher, Robert S. Marx, and W. H. Danñat Pell were on the brief, for appellee.

Cases that cite this one

10 later published cases cite this decision.

Mansfield Hardwood Lumber Company v. Hattie A. Johnson (5th Cir. 1957)
Mytinger & Casselberry, Inc. v. Numanna Laboratories Corp. (7th Cir. 1954)
Munoz v. Porto Rico Ry. Light & Power Co. (1st Cir. 1936)
Deadwood, Inc. v. North Carolina Department of Revenue (N.C. 2002)
Morrisdale Coal Co. v. Commissioner (3d Cir. 1938)
State Ex Rel. Adams v. Lee (Fla. 1935)
State Ex Rel. Lane Drug Stores, Inc. v. Simpson (Fla. 1935)
Safeway Stores, Inc. v. City of Portland (Or. 1935)
Great Atlantic & Pacific Tea Co. v. City of Spartanburg (S.C. 1933)
Penny Stores, Inc. v. Mitchell (District Court, S.D. Mississippi 1932)

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

Per Curiam:

In this suit, brought to enjoin the

enforcement of the provisions of §§ 2 (c), 11, and 13 of article 1 of chapter 90 of the Laws of Mississippi of 1930, an application was made to the District Court of the United States for an interlocutory injunction. The District Court, composed of three judges (U. S. C., Title 28, § 380), granted an interlocutory injunction upon the giving by the plaintiffs of a bond payable to the State of Mississippi in the sum of $5,000, conditioned as required by law, restraining the enforcement of the statutory provisions until the cause could be fully heard and determined. No opinion was rendered by the District Court, and the only question'presented by the record upon this appeal is whether the District Court abused its discretion in granting an injunction until the case could be heard upon the merits. Alabama v. United States, 279 U. S. 229, 231; United Fuel Gas Co. v. Public Service Commission, 278 U. S. 322, 326; National Fire Insurance Co. v. Thompson, 281 U. S. 331, 338. The *577 order was made prior to the decision of this Court in State Board of Commissioners v. Jackson, 283 U. S. 527, and, as no abuse of discretion is shown, the order must be affirmed.

Mr. W. L. Guice, with whom Messrs. George T. Mitchell, Attorney General of Mississippi, and J. A. Lauderdale, Assistant Attorney General, were on- the brief, for appellants. Messrs. Wm. H. Watkins, Martin A. Schenck, Clark McKercher, Robert S. Marx, and W. H. Danñat Pell were on the brief, for appellee.

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