In Re Blake and Others, Ex Parte
Supreme Court of the United States
No number, original. The Embreeville Freehold, Land, Iron and Railway Company, Limited, was a corporation organized under the laws of Great Britain and Ireland for mining and manufacturing purposes, carrying on business in the State of Tennessee, as authorized by a law of that State of March 19, 1877. The fifth section of the act gave priority in the distribution of assets to resident creditors bf the State.
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No number, original. The Embreeville Freehold, Land, Iron and Railway Company, Limited, was a corporation organized under the laws of Great Britain and Ireland for mining and manufacturing purposes, carrying on business in the State of Tennessee, as authorized by a law of that State of March 19, 1877. The fifth section of the act gave priority in the distribution of assets to resident creditors bf the State. The company having become insolvent, McClung and others filed an original creditors’ bill in the proper court, asking the appointment of a receiver and the administration of the affairs…
1Opinion of the CourtChief Justice Fuller
The writ of mandamus cannot be issued to compel a judicial' tribunal to decide a matter within its discretion in a particular way, or to review its judicial action had in the exercise of legitimate jurisdiction, nor be used to perform the office of an appeal or writ of error. And it only lies, as a general rule, where there is no other adequate remedy. As respects the Federal courts, it is well settled that where the mandate leaves nothing to the judgment or discretion of the court below, and that court mistakes or misconstrues'the decree or judgment of this court and does not give full…
2Cases cited13 opinions
- In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
- Stanley v. SchwalbySupreme Court of the United States · 1896
- In Re PottsSupreme Court of the United States · 1897
- McIntire v. WoodSupreme Court of the United States · 1813
- McClung v. SillimanSupreme Court of the United States · 1821
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Mullis v. United States Bankruptcy Court for the District of NevadaCourt of Appeals for the Ninth Circuit · 1987
- John H. Gately v. Leonard v. B. Sutton, Otto Moore, Edward C. Day, William E. Doyle, Frank H. Hall, and Francis J. KnaussCourt of Appeals for the Tenth Circuit · 1962
- Ohio Oil Co. v. ThompsonCourt of Appeals for the Eighth Circuit · 1941
- Mullis v. United States Bankruptcy Court for the District of NevadaCourt of Appeals for the Ninth Circuit · 1987
- State ex rel. Board of School Directors v. NelsonWisconsin Supreme Court · 1899
7 more not listed; retrieve them via the Exa API.