Summary

Portrait of Morrison Waite Morrison Waite Ex Parte Schwab — Opinion of the Court

A preliminary injunction, after notice, was granted by the judge of the District Court for the Eastern District of Michigan, November 12, and Schwab now asks for an order on the judge to show cause here why a mandamus should not issue commanding and enjoining him to vacate and set aside such injunction.
Mandamus cannot be used to perform the office of an appeal or a writ of error. Ex parte Loring, 94 U.S. 418; Ex parte Flippin, id. 350. The Circuit Court had jurisdiction of the action and of the parties, for the purpose of trying the title of the assignee to the goods.
Source: Wikisource

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