CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


EX PARTE BROWN, 116 U. S. 401 (1886)

Subscribe to Cases that cite 116 U. S. 401 RSS feed for this section

U.S. Supreme Court

Ex Parte Brown, 116 U.S. 401 (1886)

Ex Parte Brown

Submitted January 13, 1886

Decided January 18, 1886

116 U.S. 401

ORIGINAL

Syllabus

The dismissal of a cause by the supreme court of a territory, because errors had not been assigned according to the roles of practice applicable to the form of action, is a judgment which can only be reviewed by writ of error or appeal, as the case may be.

This was a motion for leave to file a petition for a writ of mandamus. The petition, which accompanied the motion, showed that the petitioners commenced a suit in ejectment in the Territory of Washington on the 10th of July, 1854; that the defendant answered, denying the plaintiff's right to recover and setting up various separate defenses; that the plaintiffs demurred; that the court overruled the demurrer; that the plaintiffs having elected to stand upon the ruling of the court on the demurrer, the case was dismissed; that the plaintiffs thereupon appealed to the supreme court of the territory; that transcripts of the record were duly filed in the supreme court and the causes removed and docketed there; that a motion was made by defendant to dismiss the appeal because the action was at law and could be reexamined only on writ of error; that the motion was sustained and judgment entered accordingly, and that the amount in controversy was largely in excess of $5,000. The prayer of the petition was for a writ of mandamus to the supreme court of the territory directing it to set aside the judgment, to reinstate the case, and to decide it on the merits. chanroblesvirtualawlibrary

Page 116 U. S. 402

MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.

This motion is denied. According to the petition, the court entertained jurisdiction of the cause, but dismissed it for want of due prosecution -- that is to say because errors had not been assigned in accordance with the rules of practice applicable to the form of the action. This is a judgment which can only be reviewed by writ of error or appeal, as the case may be. Mandamus lies to compel a court to take jurisdiction in a proper case, but not to control its discretion while acting within its jurisdiction. This rule is elementary. Ex Parte Morgan, 114 U. S. 174, and cases cited.

Motion denied.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED