Ex Parte Davis,
262 U.S. 274 (1923)

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U.S. Supreme Court

Ex Parte Davis, 262 U.S. 274 (1923)

Ex Parte Davis

No. 27, Original

Argued on return to rule to show cause April 16, 1923

Decided May 21, 1923

262 U.S. 274


1. Where the district court, after due hearing, overruled objections to its jurisdiction and made an interlocutory order, held that a mandamus from this Court was not the proper remedy for correcting its action, if erroneous. Ex parte Roe, 234 U. S. 70. P. 262 U. S. 275.

2. Prohibition will not issue to forbid the district court from proceeding with a suit, for want of jurisdiction, when it is not clear that jurisdiction is absent, and when there is no imperative reason

Page 262 U. S. 275

why error in that regard should be corrected by prohibition rather than by appeal. Id.

Rule discharged; petition denied.

Petition for mandamus or prohibition to restrain the district court from entertaining jurisdiction of a suit in admiralty to recover damages from the Director General of Railroads for a maritime tort.

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