Graham v. Norton
Supreme Court of the United States
Error to the Circuit Court for the District of Louisiana; the case being this: The 18th section of the Judiciary Act enacts* that— “ The Supreme Court shall have power to issue writs of mandamus in cases warranted by the processes and usages of law to any courts appointed or persons holding office under the authority of the United States.”
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Error to the Circuit Court for the District of Louisiana; the case being this: The 18th section of the Judiciary Act enacts* that— “ The Supreme Court shall have power to issue writs of mandamus in cases warranted by the processes and usages of law to any courts appointed or persons holding office under the authority of the United States.” The 14th section, referring to certain courts of the United States, including the Circuit and District Courts, enacts that they “ Shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute which…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
We are of opinion that neither the District nor the Circuit Coui’t had jux’isdietion to issue a writ of mandamus in this case.* This court has held that the wx'it may be xised for the purpose of enfoi’cing a judgment rendered by the Circuit Coux-t, where its use by the State court for that pux’pose is sanctioned by State laws, but in such cases it is used as a process for the enforcement of judgments and not as an original pi’oceeding.
In the thirteenth section of the Judiciax’y Act this court is clothed with power to issue “ writs of…
2Cited by23 opinions
- Rosenbaum v. BauerSupreme Court of the United States · 1887
- Davenport v. County of DodgeSupreme Court of the United States · 1882
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Youngblood v. United StatesCourt of Appeals for the Sixth Circuit · 1944
- Indiana ex rel. City of Muncie v. Lake Erie & W. Ry. Co.U.S. Circuit Court for the District of Indiana · 1898
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