EX PARTE LORING
EX PARTE LORING
94 U.S. 418
Supreme Court of the United States (1876)
Caution
Also reported at: 24 L. Ed. 165 · 1876 U.S. LEXIS 1880 · SCDB 1876-157
Cited by 26 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
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Roche v. Evaporated Milk Ass'n, 319 U.S. 21 (U.S. 1943)…eview an order overruling a plea to the jurisdiction, In re Atlantic City R. Co., supra; Ex parte Chicago, R. I. & P. Ry. Co., 255 U. S. 273, 280; cf. In re New York & Porto Rico S. S. Co., 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…
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Ex parte Harding, 219 U.S. 363 (U.S. 1911)…mandamus, which cannot be used to perform the office of an appeal of writ of' error.” After declaring that “the applicable principles have been laid down in innumerable cases,” the court cited [*372] Ex parte Bradley, 7 Wall. 364; Ex parte Loring, 94 U. S. 418; In re Rice, 155 U. S. 396; In re Atlantic City Railroad, 164 U. S. 633. The case of Pollita was also cited and reviewed. In Ex parte Gruetter, 217 U. S. 586, the doctrine of In re Pollitz and Ex parte Nebraska was reaffirmed. The caso was this: An…
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Ex parte THE State OF Neb., 209 U.S. 436 (U.S. 1908)…d in its conclusions the remedy is not by writ of mandamus, which cannot be used to perform the office of an appeal or writ of error. The applicable principles have been laid down in innumerable cases. Ex parte Bradley, 7 Wall. 364; Ex parte Loring, 94 U. S. 418; In re Rice, 155 U. S. 396; In re Atlantic City Railroad, 164 U. S. 633. It appeared in the case of Pollitz, Petitioner, 206 U. S. 323, that Pollitz had brought suit in the Supreme Court of New York against the Wabash Railroad Company and a number…
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