Prall v. Stafford

District of Columbia Court of Appeals

Prall v. Stafford

42 App. D.C. 383, 1914 U.S. App. LEXIS 2294

District of Columbia Court of Appeals·Decided November 2, 1914·No. No. 423·Published

Opinion

Mr. Chief Justice Shepard

delivered the opinion of the Court:

This is a petition for a writ of mandamus to Honorable .Wendell P. Stafford, one of the justices of the supreme court [384] of the District of Columbia, to compel him to enter a final decree in a cause that has been remanded to that court.

The original cause was decided by this court May 30, 1912, Prall v. Prall, 39 App. D. C. 100.

Mandamus is not the proper remedy. The most appropriate remedy would be by appeal, in which this court could direct the proper decree to be rendered. The case having been reversed by this court and the cause remanded for the proper decree, there should be no difficulty about it.

The petition is dismissed without costs. Dismissed.

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Mr. Chief Justice Shepard

delivered the opinion of the Court:

This is a petition for a writ of mandamus to Honorable .Wendell P. Stafford, one of the justices of the supreme court [384] of the District of Columbia, to compel him to enter a final decree in a cause that has been remanded to that court.

The original cause was decided by this court May 30, 1912, Prall v. Prall, 39 App. D. C. 100.

Mandamus is not the proper remedy. The most appropriate remedy would be by appeal, in which this court could direct the proper decree to be rendered. The case having been reversed by this court and the cause remanded for the proper decree, there should be no difficulty about it.

The petition is dismissed without costs. Dismissed.

Prall v. Stafford, 42 App. D.C. 383, 1914 U.S. App. LEXIS 2294 (D.C. 1914).

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