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Cogen Vs. United States

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  • US Supreme Court
  • Jan 02, 1929

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  1. Trustees Vs. Greenough US Supreme Court · Jan 01, 1881
  2. American Lithographic Co. Vs. Werckmeister US Supreme Court · May 29, 1911
  3. Savannah Vs. Jesup US Supreme Court · Jan 15, 1883
  4. Forgay Vs. Conrad US Supreme Court · Jan 01, 1848
  5. Union Tool Co. Vs. Wilson US Supreme Court · May 15, 1922
  6. Dier Vs. Banton US Supreme Court · May 07, 1923
  7. Cogen v. United
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  8. States - 278 U.S. 221 (1929) U.S. Supreme Court Cogen v. United
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  9. States, 278 U.S. 221 (1929) Cogen v. United
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  10. thereon finally settled the particular controversy. He argues that, being so, it falls, like the orders in Forgay v. Conrad
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  11. U. S. 527 , 105 U. S. 531 , and Williams v. Morgan
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  12. limits the right of review to judgments which are Page 278 U. S. 223 both final and complete. See Collins v. Miller
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  13. It is true that the order deals with a matter which, in one respect, is deemed collateral. As was said in Segurola v. United
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  14. property and for suppression of the evidence. The rule is one of practice, and is not without exceptions. See Gouled v. United
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  15. Agnello v. United
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  16. Panzich v. United
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  17. suppress evidence, such as applications to Page 278 U. S. 224 suppress a deposition, Grant Bros.Const. Co. v. United
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  18. Pullman Co. v. Jordan
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  19. to compel the production of books or documents, Pennsylvania R. Co. v. International
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  20. for leave to make physical examination of a plaintiff, Union Pacific Ry. Co. v. Botsford
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  21. or for a subpoena duces tecum, Murray v. Louisiana
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  22. applications, so far as they affect the rights only of parties to the litigation, are interlocutory. Compare Alexander v. United
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  23. that a party may have review by appellate proceedings before entry of the final judgment in the cause. Union Tool Co. v. Wilson
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  24. denied, the objection made at the trial to the admission of the evidence may be sustained. For, as was said in Gouled v. United
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  25. the refusal to order return of the property and its admission in evidence are commonly assigned as errors. See Weeks v. United
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  26. Byars v. United
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  27. Marron v. United
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  28. Compare Adams v. New
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  29. proceedings brought for a similar purpose. Where the proceeding is a plenary one, like the bill in equity in Dowling v. Collins
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  30. summary proceeding, by reason of the fact that the person in possession is an officer of the court. See United States v. Maresca
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  31. United States v. Hee
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  32. F. 1019, 1020. Compare Weinstein v. Attorney
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  33. the motion is filed before there is any indictment or information against the movant, like the motions in Perlman v. United
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  34. States, 247 U. S. 7 , and Burdeau v. McDowell
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  35. or wherever the criminal proceeding contemplated or pending is in another court, like the motion in Dier v. Banton
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  36. distinct even if a criminal prosecution against the movant is pending in the same court. This was true in Essgee Co. v. United
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  37. Dumbra v. United
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  38. States, 268 U. S. 435 , was such a case. Steele v. United
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  39. Because it appeared to be such, the order therein denying the application was held in Steele v. United
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  40. Also Murby v. United
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  41. Bell v. United
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  42. States, 9 F.2d 820. Compare Giles v. United
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  43. Shields v. United
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  44. In re Brenner, 6 F.2d 425, Dickhart v. United
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  45. States, 16 F.2d 345. See Mellet & Nichter Brewing Co. v. United
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  46. See Gallagher v. United
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  47. United States v. Casino
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  48. Voorhies v. United
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  49. United States v. Kirschenblatt
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  50. F.2d 202, are cases of the same character. The motion filed in the criminal case passed on in Dowling v. Collins
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