William R. Day

“ In that court McClellan and others, petitioners, filed a petition for a writ of mandamus against the United States district judge for the district of South Dakota, praying a writ of mandamus to said judge, sitting as a judge of the circuit court of said district, commanding him to set aside and vacate certain orders staying proceedings in an action pending in the circuit court, and to proceed to try and determine the suit in the usual course of procedure, without regard to the pendency of certain proceedings, to be hereinafter referred to, in the courts of the state of South Dakota. ”

“ Rep. 141; Virginia v. Rives, 100 U.S. 313, 25 L. ed. 667; Re United States, 194 U.S. 194, 48 L. ed. 931, 24 Sup. Ct. Rep. 629; Barber Asphalt Paving Co. v. Morris, 67 L.R.A. 761, 66 C. C. A. 55, 132 Fed. ”