Brown and Anothers/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, S.C.. 5 Sup. Ct. Rep. 825, and cases cited.
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This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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