Legal Opinion

United States ex rel. Miles Planting & Manufacturing Co. v. Carlisle

Court of Appeals for the D.C. Circuit

Decided January 8, 1895No. 395Published

Hearing on an appeal by the relator from an order overruling a motion to quash the return to a rule to show cause why a writ of mandamus should not issue, and dismissing the petition for such writ. The Court in its opinion stated the case as follows: This is an appeal from a judgment dismissing a petition for a writ of mandamus.

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Hearing on an appeal by the relator from an order overruling a motion to quash the return to a rule to show cause why a writ of mandamus should not issue, and dismissing the petition for such writ. The Court in its opinion stated the case as follows: This is an appeal from a judgment dismissing a petition for a writ of mandamus. The petition was filed September 19, 1894, by The Miles Planting and Manufacturing Company, a corporation of the State of Louisiana, against John G. Carlisle, Secretary of the Treasury, and Joseph S. Miller, Commissioner of Internal Revenue of the United States. The…

1Opinion of the CourtJustice Shepard

1. The first question to be considered is: Is this a case (conceding the validity of the act in question) in which a mandamus can be ordered ?

The circumstances under which an executive officer may be compelled to perform an official act, and the principles applicable thereto, have been considered by us in two cases recently decided. Seymour v. South Carolina, 2 App. D. C. 240; International Cont. Co. v. Lamont, Id. 532, the last of which has been affirmed on appeal to the Supreme Court of the United States. 155 U. S. 303. Further discussion would add nothing new.

In the view that we have taken…

2Cases cited28 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. Field v. ClarkSupreme Court of the United States · 1892
  3. Loan Assn. v. TopekaSupreme Court of the United States · 1875
  4. United States v. HarrisSupreme Court of the United States · 1883
  5. Pennie v. ReisSupreme Court of the United States · 1889

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