Search Supreme Court Cases
EX PARTE SCHWAB, 98 U. S. 240 (1878)
U.S. Supreme Court
Ex Parte Schwab, 98 U.S. 240 (1878)
Ex Parte Schwab
98 U.S. 240
1. A mandamus cannot be used to perform the office of an appeal or a writ of error.
2. Where a suit was brought in the circuit court by assignees in bankruptcy, praying that a transfer of personal property by the bankrupt to A. be decreed to be fraudulent, that their title thereto be declared to be perfect, and that A. be enjoined from prosecuting an action therefor then pending in a state court, and the circuit court, after due notice, awarded a preliminary injunction, and an order is asked here for a mandamus commanding the judge who granted the injunction to set it aside, held that the circuit court having jurisdiction of the suit, an error, if one was committed, can only be reviewed here after a final decree shall have been passed in that court.
The facts are stated in the opinion of the Court.
Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.