Supreme Court of the United States, 1886

Ex Parte Brown

Ex Parte Brown
Supreme Court of the United States · Decided January 18, 1886 · Waite
116 U.S. 401; 6 S. Ct. 387; 29 L. Ed. 676; 1886 U.S. LEXIS 1775 (United States Reports)

Counsel

Mr. Leander Holmes and Mr. John H. Mitchell for the motion.

Ex Parte Brown

Cases that cite this one

16 later published cases cite this decision.

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Opinion

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.