Ex Parte First National Bank, 228 U.S. 516 (1913)
U.S. Supreme CourtEx Parte First National Bank, 228 U.S. 516 (1913)
Ex Parte First National Bank
No. 11 and 12, Original
No. 11 Argued March 10, 11, 1913
No. 12 Submitted March 11, 1913
Decided May 5, 1913
228 U.S. 516
Striking from the record, for noncompliance with the rules of court, the bill of exceptions, after the case has been heard on it merit, is not a refusal to take jurisdiction or a refusal after taking jurisdiction to exercise it; if the action is erroneous it is but an error committed in the exercise of judicial discretion, reviewable by writ of error and not by mandamus.
Mandamus in this case to compel the Court of Appeals of the District of Columbia to reinstate a bill of exceptions which on motion it had stricken out for failure to comply with its rules, refused.
The facts are stated in the opinion.