In the Matter of First National Bank

Citations

• 228 U.S. 516
• 33 S. Ct. 591
• 57 L. Ed. 946
• 1913 U.S. LEXIS 2391

Syllabus

<p>Striking, from the record, for non-compliance with the rules of court, the bill of exceptions, after the case has been heard on its merits, is not a refusal to take jurisdiction or a refusal after taking jurisdiction to exercise it; if the action is erroneous it.is but an error committed in the exercise of judicial discretion, reviewable by writ of error and not by mandamus.</p> <p>Mandamus in this case to compel the Court of Appeals of the District of Columbia to reinstate a bill of exceptions which on motion it had stricken out for failure to comply with its rules, refused.</p>