Ex Parte Virginia Commissioners

Supreme Court

Ex Parte Virginia Commissioners

112 U.S. 177, 5 S. Ct. 421, 28 L. Ed. 691, 1884 U.S. LEXIS 1864

CourtSupreme Court of the United States

DecidedNovember 10, 1884

StatusPublished

Cited by10 cases

This text of 112 U.S. 177 (Ex Parte Virginia Commissioners) 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.

Bluebook

Ex Parte Virginia Commissioners, 112 U.S. 177, 5 S. Ct. 421, 28 L. Ed. 691, 1884 U.S. LEXIS 1864 (1884).

Pincite

Opinion

Mr. Chief Justice Waite

delivered the opinion of the court.

A writ of mandamus is not ordinarily granted when the party aggrieved has another adequate remedy. No formal allowance by the Circuit Court of a writ of error from this court to review a judgment of that court is required. Davidson v. Lanier, 4 Wall. 453. The writ issues in a proper case as a matter of right, but, when sued out,' security must be given, and a citation to the adverse party signed. This security may be taken and the citation signed by a judge of the Circuit Court, or any justice of this court. No action of the Circuit Court as a court is required. It does not appear from the petition that any application has been made to either of the judges of the Circuit Court to approve security or to sign a citation. If they should refuse on application hereafter, resort may be had to either of the justices of this court. It will be time enough to apply for a mandamus when all these remedies have failed.

Motion denied.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Chief Justice Waite

delivered the opinion of the court.

A writ of mandamus is not ordinarily granted when the party aggrieved has another adequate remedy. No formal allowance by the Circuit Court of a writ of error from this court to review a judgment of that court is required. Davidson v. Lanier, 4 Wall. 453. The writ issues in a proper case as a matter of right, but, when sued out,' security must be given, and a citation to the adverse party signed. This security may be taken and the citation signed by a judge of the Circuit Court, or any justice of this court. No action of the Circuit Court as a court is required. It does not appear from the petition that any application has been made to either of the judges of the Circuit Court to approve security or to sign a citation. If they should refuse on application hereafter, resort may be had to either of the justices of this court. It will be time enough to apply for a mandamus when all these remedies have failed.

Motion denied.

Cite This Page — Counsel Stack

Bluebook (online)

112 U.S. 177, 5 S. Ct. 421, 28 L. Ed. 691, 1884 U.S. LEXIS 1864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-virginia-commissioners-scotus-1884.

Opinion

Related

Cite This Page — Counsel Stack