Ex parte French/Opinion of the Court

Ex parte French
Opinion of the Court by Morrison Waite
728545Ex parte French — Opinion of the CourtMorrison Waite

United States Supreme Court

91 U.S. 423

Ex parte French


The finding brought here for review was special, and met only a part of the issues. If the conclusion of law to which the court came was correct, the other issues were immaterial. The case was disposed of without reaching them. We have, however, determined that the facts found were not sufficient to justify the conclusion reached; and have ordered the court to proceed with the case, notwithstanding the finding. In effect, we have decided that the court erred in not proceeding to try the other issues. Our action only precludes that court from adjudging in favor of the defendants upon the special facts found and sent here for our opinion. In all other respects, it is at liberty to proceed in such manner as, according to its judgment, justice may require.

The petition for a mandamus is denied.

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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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