EX PARTE PERRY

U.S. | 1880-10-01
102 U.S. 183 Supreme Court of the United States (1880) Negative Treatment
Also reported at: 26 L. Ed. 43 · 1880 U.S. LEXIS 2021 · SCDB 1880-028
Cited by 15 cases

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Synopsis

The Supreme Court held that a writ of mandamus cannot be used to correct judicial errors or reverse decisions made by an inferior court, even when the lower court's decision appears harsh or oppressive; the proper remedy for such grievances is a writ of error or appeal, not mandamus, which is limited to compelling an inferior court to act when it has failed to do so.

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Opinion of the Court
Mr. ■Cheep Justice Waite

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. That is the office of a -writ of error or an appeal, and not of a .writ of mandamus. Ex parte Flippin, 94 U. S. 248; Ex parte Loring, id. 418. Neither is the case changed because the appropriate remedy may involve an inconvenient delay. In Ex parte Whitney (13 Pet. 404), it was held that a writ of mandamus ought not to be used to correct orders made by a judge in the exercise of his authority, even though such orders “ may seem to bear harshly or oppressively upon the party ” complaining..

Mandamus refused.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Roche v. Evaporated Milk Ass'n, 319 U.S. 21 (U.S. 1943)
    …., 155 U. S. 523, 531, or denying a nonsuit, Ex parte Loring, 94 U. S. 418, despite the inconvenience to petitioner of being forced to proceed to trial in advance of a review of the court’s action. Ex parte Whitney, 13 Pet. 404, 408; Ex parte Perry, 102 U. S. 183, 186. Here the inconvenience to the litigants results alone from the circumstance that Congress has provided for review of the district court’s order only on review of the final judgment, and not from an abuse of judicial power, or refusal to exerci…
  • Am. Constr. Co. v. Jacksonville, 148 U.S. 372 (U.S. 1893)
    …tat. 81; Rev. Stat. § 688. But a writ of mandamus cannot be used to perform the office of an appeal' or writ of error, to review the judicial action of an inferior court. Ex parte Whitney, 13 Pet. 404; Ex parte Schwab, 98 U. S. 240; Ex parte Perry, 102 U. S. 183; Ex parte Morgan, 114 U. S. 174. It does not, therefore, lie to review a final judgment or decree of the Óircuit Court, sustaining a plea to the jurisdiction, even if no appeal or writ of error is given by law. Ex parte Kewman, 14 Wall. 152; Ex part…
  • The Chateaugay Ore & Iron Co., 128 U.S. 544 (U.S. 1888)

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