Ex Parte Many
55 U.S. 24

Annotate this Case

U.S. Supreme Court

Ex Parte Many, 55 U.S. 14 How. 24 24 (1852)

Ex Parte Many

55 U.S. (14 How.) 24

Syllabus

Where there was a blank in the record of the circuit court in the taxation of the costs recovered by the plaintiff, and the judgment being affirmed by this Court, a mandate with the same blank went down to the circuit court, and a motion was there made to open the original judgment for the purpose of taxing the costs, which motion was refused by the court, such refusal cannot be reached by a mandamus from this Court.

The refusal of the court was not a ministerial act, but an exercise of judicial discretion. This Court could issue a mandamus for the circuit court to proceed to judgment, but such a writ would not be appropriate to the present case.

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