Parks v. Circuit Judge ( 1878 )

To compel respondent to grant an order to stay waste in an action of ejectment.

Denied January 23, 1878.

Held, that an order to stay waste is discretionary and will not be compelled by mandamus, and if one wbo is entitled to sucb order does not seek it in an affirmative suit at law or in equity, he has no remedy for its refusal.