Opinion · Supreme Court of the United States

Ex Parte Loring

Ex Parte Loring, 94 U.S. 418 (1877)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1877-03-26
Topic
general

Mr. Chief Justice Waite delivered the opinion of the court. It seems clear to us that the object in this case is to use the writ of mandamus as a writ of error. This cannot be done. We may require the Circuit Court to decide in a proper case if it refuses to act, but cannot control its decision.

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14 opinions
Mr. Chief Justice Waite

delivered the opinion of the court.

It seems clear to us that the object in this case is to use the writ of mandamus as a writ of error. This cannot be done. We may require the Circuit Court to decide in a proper case if it refuses to act, but cannot control its decision. Here the court has acted, and given its decision upon a motion made. We are asked now to require it to reverse that decision. For that, resort must be had to a writ of error after a final judgment has been rendered. The writ of mandamus has no such office to perform. Petition denied.