Morrison Waite

“ Ordinarily, this court will not do more than compel the Circuit Court to act, and render some judgment, in a case of which it has improperly refused to take jurisdiction. Railroad Company v. Wiswall, 23 Wall. 507; Insurance Company v. Comstock, 16 id. 270.
While a mandamus will not lie to control the judicial discretion of the Circuit Court, by dictating what judgment it shall render, it is the appropriate means of preventing the execution of a writ sued out by order of an inferior court against persons not parties to the proceeding. ”

“ The discretion of the court below was invoked and exercised, and no other court has authority to supervise its action. High on Extraordinary Legal Remedies, sects. 156, 176, and the cases cited; Wylie v. Cox, 14 How. 1 ”