Ex Parte Loring
This text of 94 U.S. 418 (Ex Parte Loring) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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Cite This Page — Counsel Stack
94 U.S. 418, 24 L. Ed. 165, 1876 U.S. LEXIS 1880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-loring-scotus-1877.