United States ex rel. Beal v. Cox
Court of Appeals for the D.C. Circuit
Hearing on a petition for a writ of mandamus to compel an associate justice of the Supreme Court of the District of Columbia to approve an appeal bond, and an answer by the respondent to a rule to show cause why the writ should not issue.
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Hearing on a petition for a writ of mandamus to compel an associate justice of the Supreme Court of the District of Columbia to approve an appeal bond, and an answer by the respondent to a rule to show cause why the writ should not issue. The Court in its opinion stated the case as follows: The relators, John H. Beal and Ulysses R. Burton, pray for a writ of mandamus to compel the approval of an appeal bond by Hon. Walter S. Cox, one of the justices of the Supreme Court of the District of Columbia. Petitioners allege that they are defendants in a suit in equity, No. 17,854, in the Supreme…
1Opinion of the CourtJustice Shepard
1. Any party to an action or suit, originally instituted in the Supreme Court of the District of Columbia, who has been aggrieved by any final order, judgment, or decree therein, has the right to appeal to this court upon compliance with the rules regulating the exercise of the right, that have been prescribed in accordance with the authority of the Act of Congress creating the Court of Appeals. “The question upon such an application is not, what will be gained by an appeal, but whether the party asking it can appeal at all.” Ex parte Jordan, 94 U. S. 248, 251.
Where a party has a clear right…
2Cases cited3 opinions
- Ex Parte CuttingSupreme Court of the United States · 1877
- Ex Parte JordanSupreme Court of the United States · 1877
- State ex rel. Morrison v. ClarkNebraska Supreme Court · 1888