Bankers Life & Cas. Co. v. Holland, 346 U.S. 379 (1953)

Bankers Life & Cas. Co. v. Holland

No. 16

Argued October 12-13, 1953
Decided November 30, 1953
346 U.S. 379

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

In the circumstances of this case, mandamus against a federal district judge was not an appropriate remedy to vacate a severance and transfer order entered by him under 28 U.S.C. § 1406(a) on the ground of improper venue. Pp. 379-385.

(a) The supplementary review power conferred on federal courts by the All Writs Act is meant to be used only in exceptional cases where there is a clear abuse of discretion or usurpation of judicial power, and this is not such a case. Pp. 382-383.

(b) Use of the writ of mandamus was not appropriate in this case to prevent alleged inconvenience and hardship occasioned by an appeal’s being delayed until after final judgment. Pp. 383-384.

(c) Petitioner has not met the burden of showing that its right to issuance of the writ is "clear and indisputable." P. 384.

199 F.2d 593 affirmed.