Ex Parte Loring,
94 U.S. 418 (1876)

Annotate this Case
  • Syllabus  | 
  • Case

U.S. Supreme Court

Ex Parte Loring, 94 U.S. 418 (1876)

Ex Parte Loring

94 U.S. 418


This court will not by mandamus compel an inferior court to grant a motion to vacate an order setting aside a judgment of nonsuit.

This petition shows that at the June Term, 1874, of the Circuit Court of the United States for the Eastern District of Michigan, William B. True, the plaintiff in an action then pending in that court against Elisha T. Loring, the petitioner, after a jury had been empanneled and the testimony on his part concluded, elected to become nonsuit, and that a judgment to that effect was entered. On the 17th October, 1876, at a subsequent term of the court, after notice to the attorney of Loring, True moved to set aside this judgment and restore the cause to the docket for trial. This motion was granted Oct. 31, and, later in the term, Loring appeared by his counsel and

Page 94 U. S. 419

moved to vacate the order then made. This last motion was refused, Jan. 15, 1877, and Jan. 29 this petition was filed by Loring for a writ of mandamus to the judges of the circuit court requiring them "to vacate the order setting aside said nonsuit."

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.