In re Coleman
In re Coleman
Opinion of the Court
It is well settled that the United States courts can only grant a mandamus in aid of an existing jurisdiction. It is usually granted to enforce the collection of a judgment. In this case this court, as a court of bankruptcy, has made an order authorizing
I think, under these circumstances, that the motion must be denied.
Reference
- Full Case Name
- In re COLEMAN
- Status
- Published
- Syllabus
- 1. Mandamus — Federad Courts — Jurisdiction. Federal courts can only grant a writ of mandamus in aid of an existing jurisdiction. 2. Same — Bankruptcy—Executive Oeeicers — Discretion. Where a receiver in bankruptcy was authorized to carry on the business of publishing a newspaper with a view to preserving its good will as an asset of the bankrupt’s estate, but pending such publication the postmaster, by direction of the Postmaster General, prohibited the circulation of the paper through the mails as unmailable matter, mandamus would not be granted to reverse such determination, though the question whether the publication was objectionable might be the subject of a difference of opinion. ¶ 1. See Courts, vol. 13, Cent. Dig. § 803.