Ex parte Perry
Supreme Court of the United States
Petition for mandamus. The petitioners filed their libel against the ship “ Civilfa ” and the steam-tug “ Restless,” in the District Court of the United States for the Southern District of New York. The vessels were seized under process sued out- of that court,' but weré released on the claimant of each giving the requisite stipulation for value. From a decree against the claimants they respectively prayed and perfected an appeal to the Circuit Court.
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Petition for mandamus. The petitioners filed their libel against the ship “ Civilfa ” and the steam-tug “ Restless,” in the District Court of the United States for the Southern District of New York. The vessels were seized under process sued out- of that court,' but weré released on the claimant of each giving the requisite stipulation for value. From a decree against the claimants they respectively prayed and perfected an appeal to the Circuit Court. A decree was there rendered, Oct. 26,1877, in favor of the libellants, amounting in damages, interest, and costs to the sum of §11,400.90,…
1Opinion of the Court
Mr. ■Cheep Justice Waite
delivered the opinion of the court.
We cannot by mandamus correct the judicial errors committed by an inferior court in the progress of a cause. Ex parte Schwab, 98 U. S. 240. We can in this way., in a proper case, compel an inferior court to act, but cannot control its decisions while acting. In the present case if. appears that the Circuit Court has acted on the motion of the petitioner, and denied him what he asked. The object of this proceeding is to obtain from us an order requiring that court to reverse its former decision and grant the relief it has once refused.…
2Cases cited3 opinions
- Ex Parte JordanSupreme Court of the United States · 1877
- Ex Parte Myra Clarke WhitneySupreme Court of the United States · 1839
- Ex Parte SchwabSupreme Court of the United States · 1878
3Cited by2 opinions
- Ex Parte PerrySupreme Court of the United States · 1879
- Brown v. HawkinsHawaii Supreme Court · 1968