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Grace Lowe v. Glenn A. Willacy

Grace LOWE, Appellant, v. Glenn A. WILLACY, Appellee

Lowe v. Willacy, 239 F.2d 179 (9th Cir. 1956)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
November 6, 1956
Docket
No. 15170_1
Judges
Denman, Pope, Hamlin
Citations
239 F.2d 17916 Alaska 4991956 U.S. App. LEXIS 4159

Opinion — Per Curiam

PER CURIAM.

This is a frivolous appeal. The complaint sought damages against appellee, the surety of a duly qualified commissioner for Alaska, having jurisdiction over the administration of the estate of a deceased person. 3 A.C.L.A.1949, §§ 61-1-1, 61-1-5. The damages claimed *180 were for time consumed by appellant in attending hearings before the commissioner upon a subpoena she claimed was issued without statutory authority.

It is obvious that since the commissioner is charged with mere error in administering a matter under her jurisdiction no liability exists against her. Bradley v. Fisher, 1871, 13 Wall. 335, 351 , 80 U.S. 335 , 20 L.Ed. 646 .

Since appellant by her own act has forced appellee to consider her brief and thereby necessarily to write his opposing brief, in affirming we adjudge to appellee just damages for his delay, 28 U.S.C. § 1912 , of double his costs and an amount equal to the fee paid his attorney for his services in the appeal and the amount paid for the printing of his brief, the two latter amounts to be shown by ap-pellee’s affidavit filed with the Clerk of this court. ' The judgment of the district court is affirmed and the Clerk ordered to enter our judgment for the delay upon showing of appellee’s affidavit.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 15 cases

View all citing references →
1964: 11966: 21972: 11973: 11977: 11978: 31979: 11982: 21984: 11985: 11987: 119642026peak 1978 · 3

Relies on it most ⓘ

  1. Libby, McNeill, & Libby v. City National Bank592 F.2d 504 (9th Cir. 1978)
  2. Libby v. City National Bank592 F.2d 504 (3d Cir. 1979)
  3. Henry P. Jaeger and M. Darlene Jaeger v. The Canadian Bank of Commerce (California)327 F.2d 743 (9th Cir. 1964)
  4. Blue Arm v. Volk254 N.W.2d 427 (N.D. 1977)
  5. United States v. Phoenix Petroleum Co.727 F.2d 1579 (Temp. Emerg. Ct. App. 1984)
  6. Juan Emaldio v. Pocahontas Steamship Company355 F.2d 55 (4th Cir. 1966)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Bradley v. Fisher, 80 U.S. (13 Wall.) 335 (1872) 1,851

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