Query: mandamus issued by federal court against a state court
sbarretttillman at yahoo.com
Fri Apr 6 10:54:22 PDT 2007
In Martin v. Hunter's Lessee, 14 U.S. (1 Wheat.) 304, 362 (1816), Justice Story leaves open the question of whether a federal court could issue a mandamus against a state court. Apparently, such a writ is permissible under the All Writs Act, 28 U.S.C. Sect. 1651.
Does anyone have any idea what might be an early or the earliest exercise of a mandamus issued by a federal court against a state court (or state commission or state ALJ with adjudicatory powers)? Does anyone know of any early examples where the writ was issued after the parties litigated the validity of the writ in the federal proceedings?
Seth Barrett Tillman
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