United States Supreme Court Cases & Opinions

U.S. Supreme Court

Rosenbaum v. Bauer, 120 U.S. 450 (1887)

Rosenbaum v. Bauer

Submitted January 17, 1887

Decided March 7, 1887

120 U.S. 450

Syllabus

A circuit court of the United States cannot acquire jurisdiction, by removal from a state court under § 2 of the Act of March 3, 1875, c. 137, 18 Stat. 470, of an original proceeding to obtain a mandamus against the treasurer or the board of supervisors of a city to compel them to take action, in accordance with a statute of the state, to pay the interest or principal of bonds issued by the city.

Section 716 of the Revised Statutes, giving power to a circuit court to issue all writs not specifically provided for by statute which may be necessary for the exercise of its jurisdiction and agreeable to the usages and principles of law, construed in connection with §§ 1 and 2 of the act of 1875, operates to prevent the issuing by the circuit court of a writ of mandamus except in aid of a jurisdiction previously acquired by that court.

These actions were commenced in a state court of California, were removed thence into the circuit court of the United States on the plaintiff's motion, and were remanded to the

Page 120 U. S. 451

state court on the defendant's motion. The plaintiff sued out these writs of error. The case is stated in the opinion of the Court.