Ex Parte Schwab
98 U.S. 240 (1878)

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U.S. Supreme Court

Ex Parte Schwab, 98 U.S. 240 (1878)

Ex Parte Schwab

98 U.S. 240

Syllabus

1. A mandamus cannot be used to perform the office of an appeal or a writ of error.

2. Where a suit was brought in the circuit court by assignees in bankruptcy, praying that a transfer of personal property by the bankrupt to A. be decreed to be fraudulent, that their title thereto be declared to be perfect, and that A. be enjoined from prosecuting an action therefor then pending in a state court, and the circuit court, after due notice, awarded a preliminary injunction, and an order is asked here for a mandamus commanding the judge who granted the injunction to set it aside, held that the circuit court having jurisdiction of the suit, an error, if one was committed, can only be reviewed here after a final decree shall have been passed in that court.

The facts are stated in the opinion of the Court.

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