Fleming, Temporary Controls Administrator, v. Rhodes, Sheriff, et al. (331 U.S. 100)
U.S. Supreme Court · decided April 28, 1947 · Supreme Court Database (Spaeth)
- Citation
- 331 U.S. 100 · 67 S. Ct. 1140
- Decided
- April 28, 1947
- Term
- October Term 1946
- Vote
- 8–1
- Majority author
- Justice Reed
- Issue area
- Judicial Power
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Mr. Justice Reed delivered the opinion of the Court. This appeal is from an interlocutory order of the District Court of the United States for the Northern District of Texas denying preliminary injunctions. Appellant’s predecessor sued certain landlord appellees and the Sheriff and a constable of Tarrant County, Texas, in that United States District Court for an injunction to stop eviction of tenants under state judgments that were recovered by the landlords in suits for restitution of leased property. The state suits were filed by the landlords without the certificates required by the Rent Regulation for Housing to maintain such actions. 8 F. R. 7322; 10 F. R. 11666; 11 F. R. 5824, 8106. The state judgments were entered after June 30, 1946, the termination date of the Emergency Price Control Act, and before July 25, 1946, the date of the approval by the President of the Price Control Extension Act. As there was no federal price control statute during this period, these judgments will be treated as valid when granted. The decision of the District Court, denying the motion as to the landlords and directing the entry of the order, was based on the unconstitutionality, as applied to these state judgments, of that portion of § 18 of the Price Control Extension Act of July 25,1946, that declared, “The provisions of this Act shall take effect as of June 30,1946, . . This provision…
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