United States v. Terminal Ass'n of St. Louis

Citations

• 197 F. 446
• 1912 U.S. Dist. LEXIS 1437

Syllabus

<p>1. Courts (§ 101*) — Federal Courts — Power of Single Judge — “Hearing.”</p> <p>Where the Supreme Court reversed a decree dismissing a suit to enforce Anti-Trust Act July 2, 1890, c. 647, 26 Stat. 209 (U. S. Comp. St. 1901, p. 3200), and remanded the case with specific directions, the decree on the mandate may be entered by any district judge presiding, or circuit judge assigned to the court, under Judicial Code (Act March 3, 1911, c. 231, 36 Stat. 1089 [U. S. Comp. St. Supp. 1911, p. 133]) § 18, notwithstanding Expedition Act Feb. 11, 1903, c. 544, 32 Stat. 823 (U. S. Comp. St. Supp. 1911, p. 1383), requiring the assignment for the hearing of actions involving the Anti-Trust Act before not less than three judges; the word “hearing” meaning a trial requiring judicial determination.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. §§ 344r-350; Dec. Dig. § 101*</p> <p>For other definitions, see Words and Phrases, vol. 4, pp. 3236-3238.]</p> <p>2. Judgment (§ 504*) — Validity—Collateral Attack.</p> <p>A decree entered by a single judge in conformity to the mandate of the Supreme Court reversing a decree dismissing a suit to enforce Anti-Trust Act July 2, 1890, c. 647, 26 Stat. 209'(U. S. Comp. St. 1901, p. 3200), and remanding the case with specific directions, is not void nor subject to collateral attack, even if there was error in holding that a single judge could enter the decree notwithstanding Expedition Act Feb. 11, 1903, c. 544, 32 Stat. 823 (U. S. Comp. St. Supp. 1911, p. 1383), requiring the assignment for hearing of such actions before not less than three judges.</p> <p>[Ed. Note. — For other cases, see Judgment, Cent. Dig. §§ 944-947; Dec. Dig. § 504.*]</p>