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EX PARTE SIMONS

No. 26, Original.

247 U.S. 231 (1918)

EX PARTE SIMONS, PETITIONER.

Supreme Court of United States.

Rule absolute June 3, 1918.

Attorney(s) appearing for the Case

Mr. Roger Foster for petitioner.

Mr. Edgar T. Brackett, with whom Mr. Clarke M. Rosecrantz was on the brief, for respondents.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a petition for mandamus, or, if that is denied, for prohibition or certiorari, to the District Court for the Southern District of New York upon the following facts. The petitioner brought an action in two counts against the executors of a widow named Mrs. Frank Leslie. The first count alleged a promise by Mrs. Leslie that if the plaintiff would perform certain...

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