Citation Numbers： 116 U.S. 401, 6 S. Ct. 387, 29 L. Ed. 676, 1886 U.S. LEXIS 1775
Judges： Waite
Filed Date： 1/18/1886
Status： Precedential
Modified Date： 11/15/2024
Supreme Court of United States.
*402 Mr. Leander Holmes and Mr. John H. Mitchell for the motion.
MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
This motion is denied. According to the petition, the court entertained jurisdiction of the cause, but dismissed it for want of due prosecution; that is to say, because errors had not been assigned in accordance with the rules of practice applicable to the form of the action. This is a judgment which can only be reviewed by writ of error or appeal, as the case may be. Mandamus lies to compel a court to take jurisdiction in a proper case, but not to control its discretion while acting within its jurisdiction. This rule is elementary. Ex parte Morgan, 114 U.S. 174, and cases cited.
Motion denied.
Ex Parte Brown and Another , 116 U.S. 401 ( 1886 )
Craig v. Leitensdorfer , 8 S. Ct. 85 ( 1887 )
Parker , 9 S. Ct. 708 ( 1889 )
In the Matter of First National Bank , 33 S. Ct. 591 ( 1913 )
State Ex Rel. Willard v. Harrison , 133 Fla. 169 ( 1937 )
State Ex Rel. Dillman v. Tedder , 123 Fla. 188 ( 1936 )
Ex Parte Brown and Another , 116 U.S. 401 ( 1886 )
Ex Parte Parker , 7 S. Ct. 767 ( 1887 )
In Re Pennsylvania Co. , 11 S. Ct. 141 ( 1890 )