Ex Parte Myra Clarke Whitney
By United States Supreme Court
- Release Date: 1839-01-01
- Genre: Law
Description
Mr. Jones further contended, in support of the motion, that if this Court have an appellate jurisdiction over the proceedings of the Circuit Court of Louisiana, they may interpose by a mandamus to have done what the Court has a right to correct by a writ of mandamus. This may be done in a case pending, although the Court will not originate a case by a mandamus. Cited Marbury vs. Madison, 1 Cranch. This Court will proceed by a mandamus, when it is necessary to interpose for the exercise of the appellate power of the Court, and when there are no other remedies. The issue of a writ of habeas corpus is on the ground that in no other manner in the case could the appellate power of the Court be exercised.
