EX PARTE JOSEPH ROBERTS, AND EX PARTE GEORGE ADSHEAD

U.S. | 1832-01-01
6 Pet. 216 Supreme Court of the United States (1832) Positive Treatment
Also reported at: 8 L. Ed. 375 · 1832 U.S. LEXIS 468 · SCDB 1832-043
Cited by 2 cases

Opinion of the Court
Mr Chief Justice Marshall

Mr Chief Justice Marshall delivered the opinion of the Court.

The court is of opinión that the present is not a proper case for the interposition of this court, by way of mandamus. The application to set aside the default and inquest, was an.application to the discretion of the district court; and is not distinguishable in principle from-applications to grant new trials. This court has always considered such applications as r'ésting In the sound discretion of the court where the cause is depending, and not a matter for a mandamus or writ of err'or.


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