Ex Parte Cutting
Supreme Court of the United States
Petition for a writ of mandamus to the Circuit Court of the United States for the Eastern District of Missouri. George E. Ketcham, on his own behalf and on behalf of all others holding third mortgage bonds of the Pacific Railroad, filed a bill in the Circuit Court of the United States for the Eastern District of Missouri, Nov. 11, 1875, against the Pacific Railroad and certain other defendants, to foreclose a mortgage given to secure the payment of such bonds.
Read the full summary
Petition for a writ of mandamus to the Circuit Court of the United States for the Eastern District of Missouri. George E. Ketcham, on his own behalf and on behalf of all others holding third mortgage bonds of the Pacific Railroad, filed a bill in the Circuit Court of the United States for the Eastern District of Missouri, Nov. 11, 1875, against the Pacific Railroad and certain other defendants, to foreclose a mortgage given to secure the payment of such bonds. On Jan! 8, 1876, Thomas P. Akers, a stockholder of the Pacific Railroad, filed a motion for leave to come and defend in the action, on…
1Opinion of the CourtChief Justice Waite
To entitle the petitioners to the writ asked' for in this case, they must show that they have a clear right to an appeal which has been refused by the Circuit Court. The office of a mandar mus is to compel the performance of a plain and positive duty. It is issued upon the application of one who has a clear right to demand such a performance, and who has no other adequate remedy. It is never granted in anticipation of an omission of duty, but only after actual default.
This application is for a writ commanding the judges of the Circuit Court, or one of them, to allow the petitioners an appeal…
2Cases cited4 opinions
- Bronson v. La Crosse & Milwaukie RailroadSupreme Court of the United States · 1864
- Randall v. HowardSupreme Court of the United States · 1863
- Railroad Co. v. BradleysSupreme Court of the United States · 1869
- Myers v. FennSupreme Court of the United States · 1867
3Cited by105 opinions
- Brotherhood of Railroad Trainmen v. Baltimore & Ohio RailroadSupreme Court of the United States · 1947
- Karcher v. MaySupreme Court of the United States · 1987
- International Union, United Automobile, Aerospace & Agricultural Implement Workers, Local 283 v. ScofieldSupreme Court of the United States · 1965
- Re Metropolitan Railway ReceivershipSupreme Court of the United States · 1908
- State of Washington v. United StatesCourt of Appeals for the Ninth Circuit · 1936
100 more not listed; retrieve them via the Exa API.