Ex Parte Loring
Supreme Court of the United States.
Mar 26, 1877.
Mr. Alfred Russell for the petitioner., No opposing counsel.
Waite.
Cited by 14 opinions | Published
delivered the opinion of the court.
It seems clear to us that the object in this case is to use the writ of mandamus as a writ of error. This cannot be done. We may require the Circuit Court to decide in a proper case if it refuses to act, but cannot control its decision. Here the court has acted, and given its decision upon a motion made. We are asked now to require it to reverse that decision. For that, resort must be had to a writ of error after a final judgment has been rendered. The writ of mandamus has no such office to perform. Petition denied.