Melville Fuller

“ But, without considering or determining any other question, it is sufficient to observe that these petitioners were not parties to the original judgment or to the writ of error, and were not so concerned in the execution of the mandate as to be entitled to ask for a review of the action of the circuit court in that regard by mandamus. The judgment against them was rendered in the exercise of judicial determination, and not in the discharge of a ministerial duty, and their remedy, if they deem themselves aggrieved, lies in a writ of error. ”

“ The Third National Bank of Chattanooga recovered a money judgment in the circuit court of the United States for the northern district of Alabama against Eugene C. Gordon, April 14, 1888, to reverse which Gordon sued out a writ of error from this court, giving a supersedeas bond in the usual form, with Milton Humes and C. C. Harris as sureties thereon. March 21, 1892, the judgment of the circuit court was affirmed by this court, and the mandate was thereafterwards issued in the usual form. 12 Sup. Ct. Rep. ”