Ex Parte Brown
Supreme Court of the United States
ORIGINAL. This was a motion for leave to file a petition for a writ of mandamus. The petition, which accompanied the motion, showed that the petitioners commenced a suit in ejectment in the Territory of Washington on the 10th of Jhly, 1884; that the defendant answered, denying the plaintiff’s right to recover, and setting up various separate defences; that the plaintiffs demurred; that the cóurt'-overruled the demurrer; that the plaintiffs having elected to stand upon the…
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ORIGINAL. This was a motion for leave to file a petition for a writ of mandamus. The petition, which accompanied the motion, showed that the petitioners commenced a suit in ejectment in the Territory of Washington on the 10th of Jhly, 1884; that the defendant answered, denying the plaintiff’s right to recover, and setting up various separate defences; that the plaintiffs demurred; that the cóurt'-overruled the demurrer; that the plaintiffs having elected to stand upon the ruling of the ■ court on the demurrer, the case was dismissed; ¿hat the plaintiffs thereupon appealed to the Supreme Court…
1Opinion of the CourtChief Justice Waite
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…
2Cases cited1 opinion
- Ex Parte MorganSupreme Court of the United States · 1885
3Cited by17 opinions
- In Re Pennsylvania Co.Supreme Court of the United States · 1890
- In Re MorrisonSupreme Court of the United States · 1893
- ParkerSupreme Court of the United States · 1889
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Ex Parte ParkerSupreme Court of the United States · 1887
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