Supreme Court of the United States, 1886

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.

Cases that cite this one

16 later published cases cite this decision.

State ex rel. Attorney General v. District Court of Fourth Judicial District (N.D. 1904)
Speer v. Rural Special School Dist. No. 50 of Norphlet, Union County (8th Cir. 1938)
In re Zeno (1st Cir. 1926)
Ex Parte Brown and Another (Supreme Court of the United States 1886)
State Ex Rel. Willard v. Harrison (Fla. 1937)
State Ex Rel. Dillman v. Tedder (Fla. 1936)
State ex rel. McIntyre v. Superior Court (Wash. 1899)
In the Matter of First National Bank (Supreme Court of the United States 1913)
In re Morrison (Supreme Court of the United States 1893)
State ex rel. Colcord v. Young (Fla. 1893)
State ex rel. J. D. Matheson & Co. v. King (Fla. 1893)
State ex rel. Mathews v. Eddy (Mont. 1891)
In re Pennsylvania Co. (Supreme Court of the United States 1890)
Parker (Supreme Court of the United States 1889)
State ex rel. Bayha v. Philips (Mo. 1888)
Craig v. Leitensdorfer (Supreme Court of the United States 1887)

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

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.