Ex parte Crane v. Crane

MR Hoffman moved the court for a writ of mandamus to be directed to the circuit court of the United States for the southern district of New York in the second circuit, commanding that court to review its settlement of certain bills of exceptions, which were tendered on the part of the defendants on the trials of those cases in the circuit court, and to correct, settle and allow, and insert in the said bills, the charges to the jury in each case, or the substance thereof; and also for such other and further order and relief in the premises, as the court shall deem just and proper.

This motion was made after notice to the plaintiffs in the ejectments, and was founded on an affidavit made by Green C. Bronson, Esq, the attorney general of New York, who was of counsel for the defendants in the circuit court, a copy of which affidavit had been served upon the counsel for the plaintiffs in the suits.

The facts set forth in the affidavit and the papers referred to, are fully stated in the opinion of the court.

The case was submitted to the court, without argument, by Mr Hoffman and Mr Webster for the relators, and by Mr Ogden and Mr Wirt for the plaintiffs in the circuit court.

Mr Chief Justice MARSHALL delivered the opinion of the Court.