Ex Parte Burtis
Cases that cite this one
17 later published cases cite this decision.
- In re Hawkins (Supreme Court of the United States 1893)
- Johnston v. Marsh (3d Cir. 1955)
- Johnston v. Marsh (3d Cir. 1955)
- Murphy v. UNITED STATES DISTRICT COURT, ETC. (9th Cir. 1944)
- Woolley v. Wight (Utah 1925)
- Kramer v. Wilkie (Fed. Cir. 2021)
- McChesky v. McDonald (Fed. Cir. 2015)
- Brant v. McSoley (R.I. 1970)
- Andrus v. Burlington Township School Directors (Bradford County Court of Common Pleas 1930)
- United States ex rel. Humboldt Steamship Co. v. Interstate Commerce Commission (D.C. Cir. 1911)
- Farnham v. Colman (S.D. 1905)
- Roberts v. Paul (W. Va. 1901)
- State ex rel. Kranich v. Supple (Mont. 1899)
- In re Hawkins (Supreme Court of the United States 1893)
- In re Parsons (Supreme Court of the United States 1893)
- In re Parsons (Supreme Court of the United States 1890)
- Ex Parte Morgan (Supreme Court of the United States 1885)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
delivered the opinion of the court.
This is a petition for a mandamus requiring the district, judge for the eastern district of New York to compel one Eliza M. Shepherd to obey the command of a subpoena duces tecum, and produce before a special examiner certain iron patterns of an old fire-place heater, that testimony might be taken respecting them, to be certified and used on the hearing of an equity cause pending in the Circuit Court for the Southern District of New York. From the petition it appears that the judge has' already .acted on the idéntical showing made to us, and for reasons assigned in writing denied a motion for an attachment against the person named for refusing to obey the subpoena.
A writ of mandamus may be used to compel an inferior tribunal to act on a matter within its jurisdiction, but not to control its discretion while acting (Ex parte Railway Company, 101 U. S. 711), nor reverse its decisions when made. Ex parte Elippin, 94 id. 348. Both these rules are elementary, and are fatal to this application. .The district judge took jurisdiction of the matter, as it was his duty to do, heard the parties, and decided adversely, to the claim of the petitioner. In this he may have done wrong, and the reasons he has assigned may not be such as will bear the test of judicial criticism ; but we cannot, by mandamus, compel him to undo what he has thus done in the exercise of his legitimate jurisdiction. He was asked to punish a person for contempt in disobeying the process of the court. He decided not to do so. This action of his is beyond the reach of a writ of mandamus.
Petition denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.