Morrison Waite

“ If the suit in the court of appeals for mandamus is to be deemed part of the original suit in the circuit court, and not an independent proceeding, we have no jurisdiction of the writ of error which has been taken, because the judgment of the court of appeals is not a final judgment in the action. ”

“ Our proceedings in this suit must be confined to such as relate to a review of the judgment of the court of appeals and the enforcement of any order we may make upon the final hearing. If we affirm the judgment, the writ awarded by the court of appeals can issue; if we reverse, it cannot. ”