Ex Parte Virginia Commissioners
Supreme Court of the United States
ORIGINAL. This was a motion for a rule to show cause why a writ of mandamus should not issue. The motion showed that the petitioners in their public official capacities constituted the Commissioners of the Sinking Fund of the State of Virginia ; that in a cause pending before the Circuit Court of the United States for the Eastern District of.
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ORIGINAL. This was a motion for a rule to show cause why a writ of mandamus should not issue. The motion showed that the petitioners in their public official capacities constituted the Commissioners of the Sinking Fund of the State of Virginia ; that in a cause pending before the Circuit Court of the United States for the Eastern District of. Virginia, a peremptory mandamus had been ordered, requiring them to give to the plaintiff in that cause or his attorney of record fi in exchange therefor dollar for dollar coupon bonds under the act of the General Assembly of the State of Virginia,…
1Opinion of the CourtChief Justice Waite
A writ of mandamus is not ordinarily granted when the party aggrieved has another adequate remedy. No formal allowance by the Circuit Court of a writ of error from this court to review a judgment of that court is required. Davidson v. Lanier, 4 Wall. 453. The writ issues in a proper case as a matter of right, but, when sued out,' security must be given, and a citation to the adverse party signed. This security may be taken and the citation signed by a judge of the Circuit Court, or any justice of this court. No action of the Circuit Court as a court is required. It does not appear from the…
2Cited by10 opinions
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- Fitzpatrick v. GrahamCourt of Appeals for the Second Circuit · 1902
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