Ex Parte Loring/Opinion of the Court

Ex Parte Loring
Opinion of the Court by Morrison Waite
730813Ex Parte Loring — Opinion of the CourtMorrison Waite

United States Supreme Court

94 U.S. 418

Ex Parte Loring


It seems clear to us that the object in this case is to use the writ of mandamus as a writ of error. This cannot be done. We may require the Circuit Court to decide in a proper case if it refuses to act, but cannot control its decision. Here the court has acted, and given its decision upon a motion made. We are asked now to require it to reverse that decision. For that, resort must be had to a writ of error after a final judgment has been rendered. The writ of mandamus has no such office to perform.

Petition denied.

Notes edit

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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