William Henry Moody

“ It is the settled interpretation of these words, as used in this statute conferring jurisdiction, that a suit arises under the Constitution and laws of the United States only when the plaintiff's statement of his own cause of action shows that it is based upon those laws or that Constitution. It is not enough, as the law now exists, that it appears that the defendant may find in the Constitution or laws of the United States some ground of defense. ”

“ The respondent, however, insists that mandamus will not lie to control the judgment or judicial discretion of the court to which the writ is proposed to be directed. This is true where the judgment or judicial discretion is within the limits of jurisdiction, but not otherwise. Wherever the record, including the petition for removal, shows that there are questions of fact upon whose determination the right of removal depends, and upon which it is the duty of the circuit court to pass judicially, then there is jurisdiction to decide those questions. ”

“ In these cases writs of mandamus must not be permitted to usurp the functions of writs of error or appeals, or take their place where they offer an adequate remedy to the aggrieved party. It is only in cases where the record makes it clear, as matter of law, that the circuit court was without jurisdiction to take any action whatever that the writ of mandamus lies. ”