Hayburn's Case

2 U.S. (2 Dall.) 409 (1792)

 

RULE:

The United States Supreme Court considers the practice of the courts of King's Bench and Chancery in England as affording outlines for its practice; and the Court will, from time to time, make such alterations therein, as circumstances may render necessary. 

FACTS:

A person applied to be put on the pension list of the United States. The United States Attorney General filed a motion for a mandamus, to direct the circuit court to deny the petition to be in the pension list and declare the applicant an invalid petitioner.

ISSUE:

Should the motion for mandamus be granted?

ANSWER:

No

CONCLUSION:

The Attorney General's motion, made ex officio, was not allowed. The Court ruled that the courts of King's Bench and Chancery in England provided guidance for conduct in the Supreme Court. The Court held that as for the information relative to the system of practice by which the attorneys of the Supreme Court were to regulate themselves, and of the place in which rules could be obtained, the Court ruled that it considered the practice of the courts of King's Bench and Chancery in England as affording outlines for the practice in the Supreme Court. The Court stated that it would, from time to time, make such alterations therein as circumstances rendered necessary.

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