In Re Grossmayer

Citations

• 177 U.S. 48
• 20 S. Ct. 535
• 44 L. Ed. 665
• 1900 U.S. LEXIS 1772

Syllabus

<p>If the Circuit Court of the United States, after sufficient service on a defendant, . erroneously declines to take jurisdiction of the case or to enter judgment therein, a writ of mandamus lies to compel, it to proceed to a determination of the case, except where the authority to issue .a writ .of mandamus has been taken away by statute.</p> <p>Under articles 1223 and 1224 of the Revised. Statutes of Texas of 1895, an action cannot be maintained against a partnership, consisting of citizens of other States, by service upon an agent within the State.</p>