Life & Fire Ins. Co. of NY v. Adams
Supreme Court of the United States
THIS \vas a motion for a mandamus, to be directed to the district judge of the district of Louisiana. There had not been any rule taken out and served on the district judge to show cause why a mandamus should not issue.
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THIS \vas a motion for a mandamus, to be directed to the district judge of the district of Louisiana. There had not been any rule taken out and served on the district judge to show cause why a mandamus should not issue. Copies of the papers on which the motion W as founded, with notice that the same would be made at this term, had been served on the district judge and the parties-in the suit pending before hirn, during the late vacation., The dir riot judge ap--peared by counsel, and waived anyinotice pf~á rule tp show cause, and offered to show cause ipsfianter. Air.objection having been…
1Opinion of the CourtJustice Baldwin
was of opinion, that in a cause of this soft, the court ought not to dispense with the regular course of proceedings,- by the granting and service of a rule to show cause.
Mi' Chief Justice Marshall
said, that the grant of a rule to show cause and the service thereof, is a matter in the discretion of the court. The court may, ip its discretion, grant an alternative mandamus, if it deems it more conducive to public justice, and to-prevent delays. Here all the parties express themselves ready to proceed in the cause. The district judge waives any formal rule and notice, and wishes no delay; and…
2Cited by17 opinions
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- United States v. MalminCourt of Appeals for the Third Circuit · 1921
- Kleiber v. McManusTexas Supreme Court · 1886
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