after stating tbe case, delivered tbe opinion of tbe court.
By sеction 716 of tbe Revised Statutes it is provided that: “Tbe Supreme Court аnd tbe Circuit and. District Courts shall have power to issue writs of
scire facias.
They shall also have power to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their rеspective jurisdictions, and agreeable to the usages and principles of law.” This undoubtedly authorized the issue of writs of certiorari in all proper cases.
American Construction Co.
v.
Jacksonville, Tampa &c. Railway,
Tn the case of
In re Chetwood,
By this application the review of two interlocutory orders is sought, thе one, a preliminary restraining ordér, and'the other appointing a receiver and continuing the injunction in aid of the receivershiр, on the ground that both these orders were void for want of power, in the Circuit Judge to grant them outside of his circuit.
That this presents a questiоn of grave importance is obvious, but it is objected that the aрplication cannot be entertained becausé the aрpellate jurisdiction of this court can only be exercised in rеspect of final judgments or decrees, and, also, because there is another adequate remedy. We need not consider the first of these objections, as the second is sufficient to dispоse of the application.
. When sought as between private persons, the general rule *588 is that the writ of certiorari, such as asked here, will be granted or denied, in the sound discretion of the сourt, on special cause or ground shown; and will be refused wherе there is a plain . and equally adequate remedy by appeal or otherwise.
By the seventh section of the Judiciary Act of .March 3, 1891, c.. 517, 26 Stat. 826, 828, as amended by the act of February 18, 1895, c. 96, 2.8 Stat. 666, it is provided : “ That where, upon a hearing in equity, in a District Court or a Circuit Court, an injunсtion shall be granted, continued, refused or dissolved by an interlocutоry order or decree or an application to dissolvе an injunction shall be refused in a case in which an appeаl from a final decree may be taken under the. provisions of this act »to the Circuit Court of Appeals, an appeal may be ' taken from such interlocutory order or decree granting, cоntinuing, refusing, dissolving or refusing to dissolve an injunction to the Circuit Court of Appеals.”
The suit in which the orders complained of were entered is оne in which an appeal from a final decree might be taken to the Circuit Court of Appeals, and this even though the question of the jurisdiction of the Circuit Court was involved.
United States
v.
Jahn,
The application for leave to file this petition must, therefore, be denied; but we must not be understood as intimating an opinion that a Circuit Judge has power to grant injunctions, appoint receivers or enter orders or decrees, in invittim, outside of his circuit.
Lea/oe denied.