Melville Fuller

“ Rep. 935, a bill was filed against the mining company and others in the circuit court of the United States for the southern district of New York, and service of subpoena was made upon the secretary of the company. The company appeared specially, and moved for an order to set aside the service, which was granted, whereupon complainant applied to this court by petition for writ of mandamus to the judges of the circuit court to command them to take jurisdiction against the company upon the bill. ”

“ The ground on which our jurisdiction was invoked was the inadequacy of any other remedy, and it was argued that, as the cause could proceed as to the other defendants, no final judgment could be entered upon the order of the circuit court, and no appeal taken therefrom. ”