EX PARTE VIRGINIA COMMISSIONERS
Decision Date | 10 November 1884 |
Citation | 112 U. S. 177 |
Court | U.S. Supreme Court |
ORIGINAL
A writ of mandamus is not ordinarily granted when the party alleging the grievance has another adequate remedy, and that remedy has not been exhausted.
that the amount of the coupons so directed to be exchanged was in fact ,716; that the said certificate was inconsistent with the judgment and must be regarded as surplusage; that the judges of the court below by an order entered of record, refused to allow the petitioners a writ of error to said judgment, and that
the petitioners had a clear right to such a writ, wherefore the petitioners prayed for a rule to the judges of the court below to show cause why mandamus should not issue commanding them to allow a writ of error to said judgment, and to fix the penalty of the bond in error, and to sign a citation on said writ of error.
A writ of mandamus is not ordinarily granted when the party aggrieved has another adequate remedy. No formal allowance by the circuit court of a writ of error from this Court to review a judgment of that court is required. Davidson v. Lanier, 4 Wall. 453. The writ issues in a proper case as a matter of right, but, when sued out, security must be given and a citation to the adverse party signed. This security may be taken and the citation signed by a judge of the circuit court or any justice of this Court. No action of the circuit court as a court is required. It does not appear from the petition that any application has been made to either of the judges of the circuit court to...
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