Ex Parte Southwestern Surety Insurance

Citations

• 247 U.S. 19
• 38 S. Ct. 430
• 62 L. Ed. 961
• 1918 U.S. LEXIS 1953

Syllabus

<p>In an action against a contractor and surety under the Act of August 13, 1894, 28 Stat. 278' as amended, the District Court has jurisdiction to decide whether claims of materialmen were filed within the year limited by the act, and upon the effect of filing them later.</p> <p>Prohibition will not issue to control the District Court upon questions which that court is competent to decide or questions dependent on facts not presented to this court.</p> <p>Rule discharged.</p>