In re Atlantic City Railroad
164 U.S. 633 (1897)

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U.S. Supreme Court

In re Atlantic City Railroad, 164 U.S. 633 (1897)

In re Atlantic City Railroad

Submitted December 7, 1896

Decided January 4, 1897

164 U.S. 633

Syllabus

The power of this Court to issue a writ of mandamus to an inferior court is well settled, but, as a general rule, it only lies where there is no other adequate remedy, and cannot be availed of as a writ of error.

The objection to the jurisdiction in the circuit court, presented by filing the demurrer for the special and single purpose of raising it, would not be waived by answering to the merits upon the demurrer's being overruled.

The case is stated in the opinion.

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