Ex Parte Slater

Citations

• 246 U.S. 128
• 38 S. Ct. 265
• 62 L. Ed. 621
• 1918 U.S. LEXIS 647

Syllabus

<p>A petition for mandamus should give a correct, uncolored statement 'of the matter concerning which it seeks relief.</p> <p>The function of mandamus, when directed to judicial officers, restated.</p> <p>The right of substitution, upon .the death of a party to a suit in the District Court, depends upon recognized legal and equitable, principles to be judicially applied; and where, after due hearing,.the motion is deified, the ruling, if erroneous, may be corrected upon appeal, but it cannot.be reviewed by mandamus.</p> <p>By decree in a pending suit, the District Court directed that a sum in the registry be distributed among several solicitors in proportion to their respective services in the case, past payments to be considered, and retained control of the suit and fund to make and carry out the apportionment. Held, that the death of one of the solicitors suspended the proceedings until someone legally capable of asserting and defending his interest could be substituted.</p> <p>Substitution, formerly effected by a bill of revivor, or a bill of that nature, is now ordered upon motion under new Equity Rule 45.</p>