Armour & Co. v. Miller

I cannot agree that this is a proper case for this court to interfere with the discretion of the respondent District Court by-writ of mandamus. Application of well-established principles seems to me to dictate an opposite course.

It is clear upon the authority of Kline v. Burke Construction Co., 260 U.S. 226, 43 S.Ct. 79, 83, 67 L.Ed. 226, 24 A.L.R. 1077, that it is “the duty of the state court to take the case(s) and proceed to judgment.” Assuming, as we must, that the state court will perform that duty the petitioner’s purpose in asking the writ is thwarted completely. The end sought to be…