Ex Parte Wagner, 249 U.S. 465 (1919)

Ex Parte Wagner

No. 29, Original

Argued March 17, 1919
Decided April 14, 1919
249 U.S. 465

ON PETITION FOR WRIT OF MANDAMUS

Syllabus

Mandamus may be resorted to, in proper cases, for the purpose of securing judicial action, but not for the purpose of determining in advance what that action shall be. P. 471.

A writ of mandamus could not properly be directed to the circuit court of appeals and its judges to control proceedings in case which has been remanded by that court to the district court and is pending exclusively in the latter. P. 469.

Interlocutory proceedings for an accounting, in the district court, will not be forbidden by mandamus merely upon the ground that disposition of other proceedings before this Court may possibly render the accounting nugatory and a useless expense to the petitioner. P. 471.

So held where the district court, in the exercise of its judicial discretion, had refused to stay the accounting upon full consideration of the grounds urged in this Court by petitioner.

Rule discharged; petition dismissed.

The case is stated in the opinion.