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