EX PARTE MILWAUKEE AND MINNESOTA RAILROAD CO.
Mr. Justice Nelson delivered the opinion of the court.
This is an amended petition by the Milwaukee and Minnesota Company for a mandamus to the judges of the Circuit Court of the United States for the District of Wisconsin, commanding that court to order certain rolling stock, particularly described, to be taken out of the hands of a receiver, and delivered to the petitioners, pursuant to a decree entered in said court on the 18th July, 1866, in the case of Soutter, &c., v. The La Grosse and Milwaukee Company and Others. Since this petition was presented a case on appeal between the parties has been heard and decided, in which it was determined that the possession of this rolling stock did not belong to the petitioners. [See Minnesota Co. v. St. Paul Co., 6 Wall. 742.] The motion for the mandamus must, therefore, be
Denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Baker v. Carr, 369 U.S. 186 (U.S. 1962)…ther than action, the absolute lack of precedent for any such distinction left the case one in which “general principles . . . forbid judicial interference with the exercise of Executive discretion.” 4 Wall., at 499. See also Mississippi v. Stanton, 154 U. S. 554; and see 2 Warren, The Supreme Court in United States History (Rev. ed.), 463. For another instance of congressional action challenged as transgressing the Guaranty Clause, see The Collector v. Day, 11 Wall. 113, 125-126, overruled, Graves v. O’Kee…
-
Nat'l Treas. Emps. Union v. Nixon, 492 F.2d 587 (D.C. Cir. 1974)…Mississippi v. Johnson was dismissed on the ground, that it presented a political question is also to be found in light of the Court’s subsequent decisions in Georgia v. Stanton, 73 U.S. (6 Wall.) 50, 18 L.Ed. 721 (1867), and Mississippi v. Stanton, 154 U.S. 554, 14 S.Ct. 1209, 18 L.Ed. 725 (1893) (but decided March 30, 1868). In those eases, the states of Georgia and Mississippi challenged the constitutionality of the same two Reconstruction Acts as were challenged in Mississippi v. Johnson. The Court dism…
Authorities Cited
- Minn. Co. v. St. Paul Co., 6 Wall. 742 (U.S. 1867)