Horace Gray, In re Grossmayer — Opinion of the Court
“ That, if the decision of the circuit court was erroneous, the remedy was by writ of error, and not by mandamus; (2d) that the circuit court had no jurisdiction of the action, for want of due service upon the defendants.The objection to the form of remedy cannot be sustained. A writ of mandamus, indeed, cannot be used to perform the office of an appeal or writ of error, to review the judicial action of an inferior court. A final judgment of the circuit court of the United States for the defendant upon a plea to the jurisdiction cannot, therefore, be reviewed by writ of mandamus. ”
