In re Grossmayer, 177 U.S. 48 (1900)
U.S. Supreme CourtIn re Grossmayer, 177 U.S. 48 (1900)
In re Grossmayer
Submitted February 26, 1900
Decided March 26, 1900
177 U.S. 48
If the circuit court of the United States, after sufficient service on a defendant, erroneously declines to take jurisdiction of the case or to enter judgment therein, a writ of mandamus lies to compel it to proceed to a determination of the case, except where the authority to issue a writ of mandamus has been taken away by statute.
Under articles 1223 and 1224 of the Revised Statutes of Texas of 1895, an action cannot be maintained against a partnership, consisting of citizens of other states, by service upon an agent within the state.
The statement of the case will be found in the opinion of the Court.