Ex Parte Loring

Supreme Court

Ex Parte Loring

94 U.S. 418, 24 L. Ed. 165, 1876 U.S. LEXIS 1880

Supreme Court of the United States·Decided March 26, 1877·Published·Cited by 14 cases

Opinion

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.

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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.

Ex Parte Loring, 94 U.S. 418, 24 L. Ed. 165, 1876 U.S. LEXIS 1880 (1877).

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Opinion

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