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Rosenbaum Vs. Bauer
Cites for this judgment
- US Supreme Court
- Mar 07, 1887
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U.S. 450 (1887) U.S. Supreme Court Rosenbaum v. BauerSearch
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U.S. 450 (1887) Rosenbaum v. BauerSearch
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that the circuit courts had no jurisdiction to issue a writ of mandamus in a case like the present. In McIntire v. WoodSearch
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In McClung v. SillimanSearch
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plaintiff in certain land. The writ was refused. In this Court, the case was sought to be distinguished from McIntire v. WoodSearch
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speaking again by Mr. Justice Johnson, said that no just inference was to be drawn from the decision in McIntire v. WoodSearch
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Consistently with the views in those cases, this Court, in Riggs v. JohnsonSearch
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complete the jurisdiction exercised by rendering the judgment. In many cases adjudged in this Court since McIntire v. WoodSearch
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that case has been referred to as settling the law on the point to which it relates, as in The Secretary v. McGarrahanSearch
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Wall. 244, and Heine v. LeveeSearch
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Commissioners, 19 Wall. 655. In Bath County v. AmySearch
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The same doctrine was applied in Graham v. NortonSearch
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principles have been asserted by this Court in cases arising since the Act of March 3, 1875, as in County of Greene v. DanielSearch
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in United States v. SchurzSearch
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in Davenport v. CountySearch
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of Dodge, 105 U. S. 237 , 105 U. S. 242 -243, and in Louisiana v. JumelSearch
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had the assignment not been made, as illustrated by the cases cited by the plaintiff in error of City of Lexington v. ButlerSearch
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Wall. 282, and Claflin v. CommonwealthSearch
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Ins. Co., 110 U. S. 81 . In Gaines v. FuentesSearch
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restriction of the statute in respect to that writ was applicable. The same remark may be made as to Boom Company v. PattersonSearch
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U. S. 403 , where the removal proceeding was one to condemn lands for the use of a boom company, and as to Hess v. ReynoldsSearch
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a proceeding in a probate court to obtain payment of a claim against the estate of a deceased person, and as to Bliven v. NewSearch
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England Screw Co., 3 Blatchford 111, and Barney v. GlobeSearch
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exists, of a like proceeding by mandamus. As was said by this Court, speaking by MR. JUSTICE MILLER, in Hess v. ReynoldsSearch
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been formed between definite parties, we have held that the controversy came under the head of a suit at law. Gaines v. FuentesSearch
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a civil suit at law, no matter by what name it is called -- certainly as much so as were the proceedings in Gaines v. FuentesSearch
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already cited, and in Boom Company v. PattersonSearch
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S. 404 , where there was an issue to ascertain the value of property taken by virtue of eminent domain. In Davies v. CorbinSearch
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is a civil action. It is only necessary to refer to the cases to show that this point is beyond all dispute. Perry v. AmesSearch
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Cariaga v. DrydenSearch
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Courtwright v. BearSearch
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Knowles v. YatesSearch
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People v. KernSearch
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People v. ThompsonSearch
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if in conflict with it. The two cases to which we have referred as decided since the act are County of Greene v. DanielSearch
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U. S. 187 , and Davenport v. CountySearch
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U.S. Supreme Court Rosenbaum v. BauerSearch
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In McIntire v. WoodSearch
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McIntire v. WoodSearch
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Riggs v. JohnsonSearch
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and Heine v. LeveeSearch
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In Bath County v. AmySearch
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