In re American Employers Ins.

Fifth Circuit

In re American Employers Ins.

91 F.2d 731, 1937 U.S. App. LEXIS 4343

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 5, 1937

DocketNo. 8539

StatusPublished

This text of 91 F.2d 731 (In re American Employers Ins.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re American Employers Ins., 91 F.2d 731, 1937 U.S. App. LEXIS 4343 (5th Cir. 1937).

Pincite

Opinion

PER CURIAM.

This is a petition for a rule nisi to require the Honorable Bascom S. Deaver, judge of the District Court for the Middle [732]*732District of Georgia, to show cause why a writ of mandamus should not issue compelling him to enter judgment on the mandate sent down by this court in the case of American Employers Ins. Co. v. Franklin Savings & Loan Co. of Macon, 89 F.(2d) 224.

Applications of this kind are not favored, as they unnecessarily occupy the time of the court and delay the ultimate disposition of the case. It is elementary that mandamus will not issue to coerce the trial judge in the exercise of his discretion when any error he may commit may be corrected on appeal. In re Aqua Systems, Inc. (C.C.A.) 90 F.(2d) 538, decided June 15, 1937.

The judgment was reversed and the case remanded for further proceedings not inconsistent with the opinion rendered. By necessary implication the mandate required a new trial. The judgment then entered will be appealable.

The petition is denied.

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