United States ex rel. Mudsill Min. Co. v. Swan
Court of Appeals for the Sixth Circuit
This is a petition for mandamus against Judge Swan, United States district judge for the Eastern district of Michigan, to compel him, sitting in the circuit court of the United Stales for that district, in equity, to take jurisdiction of a proceeding in garnishment, under the statutes of Michigan, instituted by the relator, the Mudsill Mining Company, for ihe purpose of collecting the balance due on a decree entered in that court in favor of iho relator for about .$150,000.…
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This is a petition for mandamus against Judge Swan, United States district judge for the Eastern district of Michigan, to compel him, sitting in the circuit court of the United Stales for that district, in equity, to take jurisdiction of a proceeding in garnishment, under the statutes of Michigan, instituted by the relator, the Mudsill Mining Company, for ihe purpose of collecting the balance due on a decree entered in that court in favor of iho relator for about .$150,000. Tlie original suit was brought by the Mudsill Mining Company against Orville A. Watrous and Stewart A. Yan Dusen, to set…
1Opinion of the CourtTaft, Circuit Judge
(after stating the case as above), delivered the opinion of the court.
Section 12 of the act of congress of March 3, 1891 (26 Stat. 729), establishing circuit courts of appeals, provides that those courts “shall have the powers specified in section 716 of the Revised Statutes of the United States.” • Section 716, Rev. St., provides that:
• “The supreme court and the circuit and district courts shall have power to .issue writs of scire facias. They shall also have power to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their respective…
2Cases cited9 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Clark v. SmithSupreme Court of the United States · 1839
- Thompson v. Railroad CompaniesSupreme Court of the United States · 1868
- Gaines v. RuggSupreme Court of the United States · 1893
- Bennett v. ButterworthSupreme Court of the United States · 1851
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hatcher v. Hendrie & Bolthoff Mfg. & Supply Co.Court of Appeals for the Eighth Circuit · 1904
- United States v. HoweCourt of Appeals for the Second Circuit · 1922
- Dowagiac Mfg. Co. v. McSherry Mfg. Co.Court of Appeals for the Sixth Circuit · 1907
- Alger v. AndersonU.S. Circuit Court for the District of Middle Tennessee · 1899
- Jacobson v. CoonCourt of Appeals for the Sixth Circuit · 1948
7 more not listed; retrieve them via the Exa API.