Roche v. Evaporated Milk Assn.,
319 U.S. 21 (1943)

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U.S. Supreme Court

Roche v. Evaporated Milk Assn., 319 U.S. 21 (1943)

Roche v. Evaporated Milk Associated

No. 584

Argued April 6, 1943

Decided May 3, 1943

319 U.S. 21


l. The Circuit Court of Appeals is empowered by § 262 of the Judicial Code to issue all writs, not specifically provided for by statute, which may be necessary for the exercise of its jurisdiction, agreeably to the usages and principles of law. P. 319 U. S. 24.

2. As the jurisdiction of the Circuit Court of Appeals is exclusively appellate, its authority to issue writs of mandamus is restricted to those cases in which the writ is in aid of that jurisdiction. P. 319 U. S. 25.

3. The authority of the Circuit Court of Appeals to issue writs of mandamus is not confined to the issuance of writs in aid of a jurisdiction already acquired by appeal, but extends to those cases which are within its appellate jurisdiction although no appeal has been perfected. P. 319 U. S. 25.

4. The common law writs, like equitable remedies, may be granted or withheld in the sound discretion of the court. P. 319 U. S. 25.

5. In the circumstances of this case, issuance by the Circuit Court of Appeals of a writ of mandamus, directing the District Court to reinstate the defendants' pleas in abatement to an indictment for violation of the Sherman Act and to set for trial the issues raised by the pleas and replications, was inappropriate. P. 319 U. S. 25.

The District Court's order striking the pleas in abatement was an exercise of its jurisdiction, and involved no abuse of judicial power; the legislation and policy of Congress by which an appellate review of such orders may be had only on review of a final judgment of conviction are not to be circumvented by resort to mandamus.

6. Where the appeal statutes establish the conditions of appellate review, an appellate court cannot rightly exercise its discretion to

Page 319 U. S. 22

issue a writ the only effect of which would be to avoid those conditions and thwart the Congressional policy against piecemeal appeals in criminal cases. P. 319 U. S. 30.

130 F.2d 843 reversed.

Certiorari, 318 U.S. 747, to review a judgment of the Circuit Court of Appeals directing the issuance of a writ of mandamus to the District Judge and the District Court.

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