Jump to content

Same Case on Appeal/Opinion of the Court

From Wikisource
Same Case on Appeal
Opinion of the Court by Nathan Clifford
726211Same Case on Appeal — Opinion of the CourtNathan Clifford

United States Supreme Court

86 U.S. 513

Same Case on Appeal


The petitioner moves the court to advance the case. Cases involving great hardships are frequently brought here for revision, and in such cases it is competent for the court to advance the same on motion. Still the motion must be denied, as it is well-settled law that neither an appeal nor a writ of error will lie in such a case. Hence it was held in the case of Ex parte Bradley, that mandamus from this court to a subordinate court was a proper remedy to restore an attorney at law, disbarred by such subordinate court, for a contempt committed by him before another court, as in such a case the court issuing the order disbarring the attorney had no jurisdiction to pass the order.

Whether the present case can be distinguished from the case cited will not now be decided, but the court is of opinion that the remedy of the party, if any, in this court, is not by an appeal. [1]

MOTION DENIED.

Notes

[edit]
  1. Ex parte Bradley, 7 Wallace, 364.

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).

Public domainPublic domainfalsefalse