EX PARTE RAILWAY COMPANY


103 U.S. 794 (____)

EX PARTE RAILWAY COMPANY.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Fillmore Beall presented the petition of the Des Moines and Minneapolis Railroad Company.


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

This motion is denied, 1, because it is an attempt to use the writ of mandamus as a writ of error to bring here for review the judgment of the Circuit Court upon a plea to the jurisdiction filed in the suit; and, 2, because if a writ of mandamus could be used for such a purpose the judgment below was clearly right. Under sect. 739 of the Revised Statutes, no civil...

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