United States Supreme Court Cases & Opinions

U.S. Supreme Court

Parker v. Judges of the Circuit Court of Maryland, 25 U.S. 561 (1827)

Parker v. Judges of the Circuit Court of Maryland

25 U.S. 561

Syllabus

Mandamus. On a rule on the judges of the Circuit Court of the District of Maryland to show cause why a mandamus should not be awarded commanding them to issue execution on a judgment obtained in that court which had been removed by writ of error to this Court, it was held:

That an injunction may issue on a judgment obtained on the law side of the circuit court to stay proceedings on the judgment, although a writ of error had been issued in the case from the Supreme Court.

An injunction awarded by a district judge expires at the next term of the circuit court unless continued by order of the court.

Where the defendant in the injunction and the court supposed the injunction had not expired, and frequent applications had been made to the court to dissolve it which were refused, this was under the circumstances considered as equivalent to renewing the injunction. Mandamus refused.

Page 25 U. S. 562