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249 F. 155

Docket No. 1609.

In re Duncan

Fourth Circuit Court of Appeals

Decided February 8, 1918.)

Fourth Circuit Court of Appeals · decided 1918-02-08

<p>Mandamus @=^4(1) — Grounds—Remedy by Appeal.</p> <p>A writ of mandamus will not be granted to require a District Judge to correct alleged errors occurring on the trial of a cause, where they can be brought up for review by appeal.</p>

1 counsel of record

Denied · Opinion by Jeter Connelly Pritchard · Decided 1918-02-08

¶1Mandamus @=^4(1) — Grounds—Remedy by Appeal.

¶2A writ of mandamus will not be granted to require a District Judge to correct alleged errors occurring on the trial of a cause, where they can be brought up for review by appeal.

¶3In the matter of the application of Cloyd H. Duncan for leave to file a petition for a writ of mandamus, directed to Hon. Alston G. Dayton, District Judge of the United States for the Northern District of West Virginia.

¶4Denied.

¶5Before PRITCHARD, KNAPP, and WOODS, Circuit Judges.

¶6Cloyd H. Duncan, in pro. per.

¶7PRITCHARD, Circuit Judge.

¶8In the above-entitled matter Cloyd II. Duncan, complainant in the court below, presents a petition in which he states that his attorney is not a member of the bar of this court. The petitioner seeks to have this court issue an alternative writ of mandamus, directing the District Judge for the Northern District of West Virginia to correct alleged errors at law in the trial of a cause. The questions which petitioner seeks to have us pass upon can be considered by this court if the cause should be brought here on appeal, provided such questions are raised by a proper assignment of error.

¶9No ground is stated for interfering with the District Judge in the discharge o f his duties upon the showing made. Therefore the application for leave to file a petition for a writ of mandamus is denied.

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