Legal Opinion

Ex Parte Loring

Supreme Court of the United States

Decided March 26, 1877PublishedCited by 14 opinions

Petition for a mandamus to the Circuit Court of the United States for the Eastern District of Michigan. This petition shows that at the June Term, 1874, of the Circuit Court of the United States for the Eastern District of Michigan, William B. True, the plaintiff in an action then pending in that court against Elisha T.' Loring, the petitioner, after a jury had been empanelled and the testimony on his part concluded, elected to become nonsuit, and that a judgment to that…

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Petition for a mandamus to the Circuit Court of the United States for the Eastern District of Michigan. This petition shows that at the June Term, 1874, of the Circuit Court of the United States for the Eastern District of Michigan, William B. True, the plaintiff in an action then pending in that court against Elisha T.' Loring, the petitioner, after a jury had been empanelled and the testimony on his part concluded, elected to become nonsuit, and that a judgment to that effect was entered. On the 17th October, 1876, at a subsequent term of the court, after notice to tbe attorney of Loring,…

1Opinion of the CourtChief Justice Waite

It seems clear to us that the object in this case is to use the writ of mandamus as a writ of error. This cannot be done. We may require the Circuit Court to decide in a proper case if it refuses to act, but cannot control its decision. Here the court has acted, and given its decision upon a motion made. We are asked now to require it to reverse that decision. For that, resort must be had to a writ of error after a final judgment has been rendered. The writ of mandamus has no such office to perform. Petition denied.

2Cited by14 opinions

  1. Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
  2. Ex Parte HardingSupreme Court of the United States · 1911
  3. Ex Parte NebraskaSupreme Court of the United States · 1908
  4. Ex Parte MorganSupreme Court of the United States · 1885
  5. Ex Parte Baltimore & Ohio Railroad CompanySupreme Court of the United States · 1883

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