Ex parte Brown and another, Petitioners. Filed
| Decision Date | 18 January 1886 |
| Citation | 6 S.Ct. 387,116 U.S. 401,29 L.Ed. 676 |
| Parties | Ex parte BROWN and another, Petitioners. Filed |
| Court | U.S. Supreme Court |
J. H. Mitchell, for the motion.
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, S. C. 5 Sup. Ct. Rep. 825, and cases cited.
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State ex rel. Title Guaranty & Trust Co. v. Broaddus
... ... filed in said Court of Appeals that the said cause be ... Leg. Rem. (2 Ed.), ... 191-247; Ex parte Newman, 14 Wall. 152; Ex parte Brown, 116 ... U.S. 401; ... ...
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State ex rel. Bayha v. Philips
... ... Circuit Court, 28 Mo. 259; Ex ... parte Cox, 10 Mo. 742; State ex rel. v. Court of Common ... Railroad, 74 N.C. 287; State v. Brown, 1 ... Mo.App. 449. Where respondent consents in writing ... company, filed in court, against the objections of Bayha, ... their ... Morrison , 62 N.C. 31, 1 Phil. Eq. 31 ... Another cause in that state was ruled upon in a similar way ... ...
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State ex rel. Attorney General v. District Court of Fourth Judicial District
... ... the officers having that duty in charge. Ex parte Parker, 131 ... U.S. 221, 9 S.Ct. 708; Williams v. New ... 122; State v ... Bailey, 7 Iowa 390; Brown v. Railway Co. 53 ... N.J.L. 156; Boody v. Watson, 64 N.H ... 639 ... Relator ... has another plain, speedy and adequate remedy at law and ... mandamus ... An ... order was made and filed by the court reciting that: ... "The court having heard ... ...
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Shoshone County v. Thompson
... ... 517, 66 P. 788; Merrill on Mandamus, sec. 32; Ex parte Brown, ... 116 U.S. 401, 6 S.Ct. 387, 29 L.Ed. 676; Ex ... the old to another county, to apportion the property and ... indebtedness of ... ...
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