Minnesota Moline Plow Co. v. Dowagiac Mfg. Co.

Citations

• 126 F. 746
• 61 C.C.A. 352
• 1903 U.S. App. LEXIS 4365

Syllabus

<p>1. Mandamus — Scope op Remedy — Controlling Judicial Discretion.</p> <p>The writ of mandamus may be invoked to compel action by an inferior court, but not to control or review its decision; and it will not issue to require such court to punish a defendant for contempt in violating its injunction, when it has already considered the question judicially, and determined that he was not guilty.</p> <p>2. Appealable Orders — Interlocutory Decree Entered on Mandate of Appellate Court.</p> <p>An interlocutory decree was entered enjoining defendants from infringing a patent, and directing an accounting for past infringement, from which an appeal was taken by defendants. On the mandate of the Circuit Court of Appeals, a second and modified decree was entered, enlarging the scope of the injunction, but still interlocutory. Held that, since such decree was merely in execution of the mandate of the appellate court, it was not appealable.</p>