Ex Parte Roberts

31 U.S. 216, 8 L. Ed. 375, 6 Pet. 216, 1832 U.S. LEXIS 468
Supreme Court of the United States·Decided February 28, 1832·Published·Cited by 8 cases

Opinion

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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Ex Parte Roberts, 31 U.S. 216, 8 L. Ed. 375, 6 Pet. 216, 1832 U.S. LEXIS 468 (1832).

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