Ex Parte Brown
Jan 18, 1886
- Reporters:
- , , ,
- Before:
- Waite
delivered the 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,
Motion denied.