Barber Asphalt Pav. Co. v. Morris
Court of Appeals for the Eighth Circuit
On Petition for Writ of Mandamus. The Barber Asphalt Paving Company, a corporation of the state of West Virginia, presents its petition to this court for a writ of mandamus to induce the Honorable Page Morris, District Judge holding the Circuit Court for the District of Minnesota, to proceed to the trial and determination of an acition at law against the city of Duluth which the petitioner commenced in that court on May 31, 1904. In response to the order to show cause why…
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On Petition for Writ of Mandamus. The Barber Asphalt Paving Company, a corporation of the state of West Virginia, presents its petition to this court for a writ of mandamus to induce the Honorable Page Morris, District Judge holding the Circuit Court for the District of Minnesota, to proceed to the trial and determination of an acition at law against the city of Duluth which the petitioner commenced in that court on May 31, 1904. In response to the order to show cause why the mandamus should not be issued the respondent has filed an answer, and by the petition and answer these facts are…
1Opinion of the CourtSanborn, Circuit Judge
The order which the petitioner challenges stays its action in the Circuit Court of the United States until the questions which that action presents shall have been finally determined by the courts of the state. That order is not reviewable by writ of error or by appeal, and the Barber Company applies to this court for its writ of mandamus to direct the judge holding the court below to proceed to the trial of its case.
The plaint of the petitioner is that by the order of the court below it is practically prohibited from a trial and decision -by the national courts of a controversy over…
2Cases cited68 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Virginia v. RivesSupreme Court of the United States · 1880
- Davis v. GraySupreme Court of the United States · 1873
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
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3Cited by115 opinions
- Ex Parte United StatesSupreme Court of the United States · 1932
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- Love v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1911
- Boatmen's Bank v. FritzlenCourt of Appeals for the Eighth Circuit · 1905
110 more not listed; retrieve them via the Exa API.