EX PARTE CUTTING


94 U.S. 14 (1876)

EX PARTE CUTTING.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Henry Crawford for the petitioners.

Mr. William M. Evarts and Mr. J.O. Broadhead, contra.


MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

To entitle the petitioners to the writ asked for in this case, they must show that they have a clear right to an appeal which has been refused by the Circuit Court. The office of a mandamus is to compel the performance of a plain and positive duty. It is issued upon the application of one who has a clear right to demand such...

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