UNITED STATES SUPREME COURT DECISIONS ON-LINE

If the circuit court of the United States, after sufficient service on a defendant, erroneously declines to take jurisdiction of the case or to enter judgment therein, a writ of mandamus lies to compel it to proceed to a determination of the case, except where the authority to issue a writ of mandamus has been taken away by statute.

Under articles 1223 and 1224 of the Revised Statutes of Texas of 1895, an action cannot be maintained against a partnership, consisting of citizens of other states, by service upon an agent within the state.

The statement of the case will be found in the opinion of the Court.