Opinion · Supreme Court of the United States
Ex Parte Brown
Ex Parte Brown, 116 U.S. 401 (1886)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1886-01-18
- Topic
- bankruptcy
Mr. Chief Justice Waite delivered the opinion of the court. This motion is denied. According to the petition, the court entertained jurisdiction of the cause, but dismissed it for want of due prosecution; that is to say, because errors had not been assigned in accordance with the rules of practice applicable to the form of.the action. This is a judgment which can only be reviewed by writ of error or appeal, as the case may be.
Citator
UpLaw has not yet analyzed Ex Parte Brown. The absence of a flag is not a finding that it is good law.
- Cited by
- 17 opinions
delivered the opinion of the court.
This motion is denied. According to the petition, the court entertained jurisdiction of the cause, but dismissed it for want of due prosecution; that is to say, because errors had not been assigned in accordance with the rules of practice applicable to the form of.the action. This is a judgment which can only be reviewed by writ of error or appeal, as the case may be. Mandamus lies to compel a court to take jurisdiction in a proper case, but not to control its discretion while acting within its jurisdiction. This rule is elementary. Ex parte Morgan, 114 U. S. 174, and cases, cited.
Motion denied.