CUSTER v. McCUTCHEON

No. 422.

283 U.S. 514 (1931)

CUSTER v. McCUTCHEON.

Supreme Court of United States.

Decided May 18, 1931.


Attorney(s) appearing for the Case

Mr. J.F. Nugent argued the cause and Messrs. James R. Bothwell and W. Orr Chapman filed a brief for petitioner.

Mr. Whitney North Seymour, with whom Solicitor General Thacher, Assistant Attorney General Richardson, and Messrs. Claude R. Branch, Special Assistant to the Attorney General, and E.T. Burke were on the brief, for respondent.


MR. JUSTICE ROBERTS delivered the opinion of the Court.

The respondent's predecessor, as United States marshal, on October 9, 1929, levied an execution issued September 21, 1929, out of the District Court of Idaho, against the petitioner, upon a judgment entered in that court March 7, 1921, in favor of the United States. On October 10, 1929, the petitioner filed a bill in the same court to restrain the marshal from proceeding further under the execution process, on...

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