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Ex Parte Poresky

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eBook details

  • Title: Ex Parte Poresky
  • Author : Supreme Court of the United States
  • Release Date : January 06, 1933
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

Leave is asked to file a petition for a writ of mandamus requiring District Judge Elisha H. Brewster, or other competent Judge, to call to his assistance two other Judges for the purpose of hearing and determining petitioner's application for an interlocutory injunction, as directed by statute. Jud. Code, § 266; 28 U. S. C. 380. Petitioner brought suit in the District Court of the United States against Joseph E. Ely, Governor, Joseph E. Warner, Attorney General, and Morgan T. Ryan, Registrar of Motor Vehicles, of Massachusetts, to enjoin the enforcement of chapter 90 of the General Laws of Massachusetts, relating to ""compulsory automobile liability insurance,"" upon the ground that the statute violates the Fourteenth Amendment of the Constitution of the United States. Petitioner alleged in his complaint that he is a citizen of Massachusetts; that the Registrar of Motor Vehicles had refused registration and number plates for his car unless he complied with the statute, under which he ""must first post either bond or cash of $5,000, or procure insurance""; that the statute ""is only applicable to cars owned and operated within the State and does not include cars in interstate traffic""; that he cannot comply with the statute; that to disregard it would bring him fine and imprisonment; that he has no adequate remedy at law; and that his inability to comply with the statute ""is the Registrar's only reason for refusing him registration and number plates.""


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