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EX PARTE SAWYER

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88 U.S. 235 (1875)

21 Wall. 235

22 L.Ed. 617

EX PARTE SAWYER.

Supreme Court of United States.

March 1, 1875.

Attorney(s) appearing for the Case

Mr. John Lathrop, in support of the motion.

Mr. E.F. Hodges, contra.

The CHIEF JUSTICE delivered the opinion of the court.

By the mandate already issued in the case, we have required the Circuit Court to proceed with the execution of its decree in such manner as right and justice shall require. If the court refuses to proceed under that order we may, by mandamus, compel it to do so, but we have no power to control its discretion while proceeding. A superior court may by mandamus set the machinery of an inferior court in motion, but...

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