Ex Parte Loring
Supreme Court of the United States | 1877-03-26
24 L. Ed. 165,94 U.S. 418,1876 U.S. LEXIS 1880
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.
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