Ex Parte Sawyer
Supreme Court of the United States
On petition for mandamus to the circuit judge for the New York Circuit. The case was thus: Sawyer and others libelled Oakman in admiralty in the District Court of Massachusetts and got a decree against him.
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On petition for mandamus to the circuit judge for the New York Circuit. The case was thus: Sawyer and others libelled Oakman in admiralty in the District Court of Massachusetts and got a decree against him. Oakmau appealed to the Circuit Court for that district, but the presiding justice of it, having been counsel in the cause, or otherwise disqualified, it was transferred, under the act of Congress providing for such cases, to the Circuit Court for New York circuit.* After this transfer, an order was made in the Circuit Court of New York that the decree of the District Court be carried into…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
By the mandate already issued in the case, we have required the Circuit Court to proceed with the execution of its decree in such manner as right and justice shall require. If the court refuses to proceed under that order we may, by mandamus, compel it to do so, but we have no power to control its discretion while proceeding. A superior court may by mandamus set the machinery of an inferior court in motion, but when that has been done its power under that form of proceeding is at an end. The inferior court is supreme within its own…
2Cited by22 opinions
- Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
- Ex Parte RoeSupreme Court of the United States · 1914
- Estis v. TrabueSupreme Court of the United States · 1888
- Hartford Accident & Indemnity Co. v. BunnSupreme Court of the United States · 1932
- Connelly v. United States Dist. Court in and for the Southern Dist. Of California, Central DivisionCourt of Appeals for the Ninth Circuit · 1951
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