In Re Atlantic City Railroad
Citations
- 164 U.S. 633
- 17 S. Ct. 208
- 41 L. Ed. 579
- 1897 U.S. LEXIS 1694
Syllabus
<p>The power of this court to issue a writ of mandamus to an inferior court is well settled, but, as a general rule, it only lies where there is no other adequate remedy, and cannot be availed of as a writ of error.</p> <p>The objection to the jurisdiction in the Circuit Court, presented by filing the demurrer for the special and single purpose of raising it, would not be waived by answering to the merits upon the demurrer being overruled.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- denying leave to file a petition for writ of mandamus to correct the overruling of a demurrer alleging lack of jurisdiction over the person, on the grounds that \petitioner has its remedy by appeal\
- denying leave to file a petition for writ of mandamus to correct the overruling of a demurrer alleging lack of jurisdiction over the person, on the grounds that “petitioner has its remedy by appeal”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fuller
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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