mcclellan carland argued decided april melvin grigsby grigsby grigsby petitioners frederic mckenney clark cherry respondent justice day delivered opinion case comes upon writ certiorari circuit appeals eighth circuit mcclellan others petitioners filed petition writ mandamus district judge district south dakota praying writ mandamus said judge sitting judge circuit said district commanding set aside vacate certain orders staying proceedings action pending circuit proceed try determine suit usual course procedure without regard pendency certain proceedings hereinafter referred courts state south dakota circuit appeals upon petition writ mandamus presented denied prayer thereof dismissed thereafter granted writ certiorari transcript record case circuit appeals appears petitioners others day september commenced suit george blackman special administrator estate john mcclellan deceased others circuit district south dakota suit complainants citizens south dakota respondent george blackman citizen south dakota sued special administrator estate john mcclellan deceased bill set complainants sole surviving heirs law next kin john mcclellan deceased died august intestate city sioux falls county minnehaha south dakota leaving estate real personal property value bill sets issuing letters administration one william van eps held possession estate july died subsequently thereto special letters administration issued george blackman respondent bill avers possession said blackman said special administrator belonging said estate assets excess sum consisting real estate cash hand etc bill avers ther claims estate creditors john mcclellan paid estate ready distribution according laws south dakota bill prayed complainants might adjudicated sole heirs law next kin said decedent entitled inherit estate real personal said blackman render true account property hands belonging said estate deducting lawful fees expenses required distribute certain proportions complainants heirs law decedent defendant blackman appeared answered bill admitting certain allegations thereof denying others demanding proof thereof stating held property described bill complaint subject order general replication filed answer thereupon appears state south dakota came attorney general attorney county minnehaha special counsel asked leave intervene case upon hearing circuit overruled motion ordered prosecution action pending stayed period ninety days purpose allowing state south dakota commence proper action proceeding establish title interest property estate decedent event action commenced within time pending action stayed determination action brought state south dakota afterwards complainants filed application vacation orders staying prosecution suit determination suit state denied thereafter petition mandamus circuit appeals filed result already stated matters stated constitute entire record circuit appeals upon record appears circuit action determine interest complainants estate john mcclellan upon issue joined upon application state south dakota refused permit intervene case set right title property estate decedent upon claim died without legal heirs stayed proceedings case state south dakota bring action state purpose determining rights afterwards appearing state commenced action persons claiming right title interest therein stayed pending action determination action state first objected behalf respondent herein case authority issue writ certiorari contended application writ case act march stat chap comp stat right grant writs certiorari circuit appeals limited act certain cases made final circuit appeals appeals act declared whenever appeal writ error otherwise case coming circuit appeals shall reviewed determined shall remanded proper district circuit proceedings pursuance determination provisions contended show writ certiorari warranted case original application mandamus appeals jurisdiction circuit depending upon opposite parties suit citizens different therefore judgment final circuit appeals case remanded proper district circuit original proceeding mandamus circuit appeals power issue writs certiorari limited appeals act section revised statutes comp stat provides circuit district courts shall power issue writs scire facias shall also power issue writs specifically provided statute may necessary exercise respective jurisdictions agreeable usages principles law section said chetwood ed sup judiciary act september stat chap comp stat carried forward revised statutes circuit district courts empowered congress issue writs specifically provided statute may agreeable usages principles law provision undoubtedly issue writs certiorari proper cases american constr jacksonville ed sup although observed case writ issued freely queen bench england prior act march chap stat comp stat ordinarily used auxiliary process merely yet whenever circumstances imperatively demand form interposition writ may allowed common law correct excesses jurisdiction furtherance justice tidd pr bacon abr whitney dick ed sup writ certiorari granted circuit appeals ninth circuit review judgment original application made writ habeas corpus writ certiorari held upon question jurisdiction appeal circuit appeals case writ certiorari might issue bring case circuit appeals upon authority chetwood supra case bar petition mandamus amount controversy consequently appeal whitney dick supra judgment circuit appeals final diversity citizenship consequently certiorari issue act whitney dick case remanded circuit appeals instructions quash writ certiorari issued dismiss petition habeas corpus present case doubt authority issue writ certiorari revised statutes construed applied cases cited chetwood whitney dick supra suggestion therefore case dismissed want power grant writ certiorari entertained power grant writ sparingly used frequently declared slow reach conclusion deprive power issue writ proper cases review action federal courts inferior jurisdiction objected circuit appeals jurisdiction issue writ mandamus writ issued aid appellate jurisdiction circuit appeals contended jurisdiction suit application mandamus filed dismissed section appeals act declares circuit appeals shall powers specified revised statutes section already occasion quote read connection appeals act gives circuit appeals authority issue writs scire facias writs specially provided statute necessary exercise jurisdiction agreeable usages principles law case appears original action commenced circuit might taken appeal circuit appeals suit involved amount citizens different wanting decisions federal courts holding different views right issue writs involved case appellate actually obtained jurisdiction case expressions opinions effect writs issue aid jurisdiction actually acquired think true rule case within appellate jurisdiction higher writ mandamus may issue aid appellate jurisdiction might otherwise defeated unauthorized action rule distinctly stated previous cases referred knickerbocker ins comstock wall ed case rule recognized power issue writ mandamus compel circuit courts proceed final judgment order may exercise jurisdiction review given law case said decisions established rule power issue mandamus exercise appellate jurisdiction writ lie proper case direct subordinate federal decide pending cause ex parte bradstreet pet ed rule laid chief justice marshall speaking requiring federal inferior jurisdiction reinstate case proceed try adjudicate see pennsylvania ed sup virginia rives ed ed sup barber asphalt paving morris fed inasmuch order circuit staying proceeding final judgment state might prevent adjudication questions involved thereby prevent review thereof circuit appeals jurisdiction purpose think power issue writ mandamus require circuit proceed determine action pending question arises circuit justified staying proceedings case withholding action case involving question might brought determined state think one answer question case made upon bill within original jurisdiction circuit right circuit maintain actions notwithstanding legislation state creating probate courts recently require consideration waterman bank ed sup case following previous decisions held chancerty jurisdiction federal courts entertain suits citizens different determine interests estates fixed declared existed beginning federal government created grant equity jurisdiction courts existed chancery courts england impaired subsequent state legislation creating courts probate action therefore within jurisdiction circuit far record presented circuit appeals shows ground upon circuit acted postponing suit state south dakota applied made party application denied begin suit state determine escheat estate john mcclellan therefore action stayed first beginning suit determined therefore appeared upon record presented circuit appeals circuit practically abandoned jurisdiction case cognizance turned matter adjudication state steadily held federal may chicot county sherwood ed sup denied circuit like courts power postpone trial cases good reasons orders made case federal withheld exercise authority state action case involving parties might render judgment res judicata thus prevent proceedings federal rule well recognized pendency action state bar proceedings concerning matter federal jurisdiction state federal courts certain concurrent jurisdiction controversies arise citizens different federal jurisdiction may invoked cause carried judgment notwithstanding state may also taken jurisdiction case present case far record circuit appeals discloses circuit acquired jurisdiction issues made state intervened federal practically turned case determination state think authority circuit appeals upon record issued writ mandamus require judge circuit show cause proceed hear determine case whether state allowed intervene federal question us made party suit rights concluded adjudication made therein tindal wesley ed sup thus far considered case upon record made circuit appeals certified upon writ certiorari honorable judge district enters special appearance filed affidavit proceedings much appears record presented circuit appeals appearance affidavit petition intervention filed circuit set forth full well certain affidavits filed papers record papers record certified us circuit appeals one upon acted declined issue writ mandamus set forth length certain proceedings state courts south dakota alleged issue right complainants equity suit take estate john mcclellan heirs law determined adversely proceedings showed proceedings reference escheat estate mcclellan want legal heirs determined proceedings state making appearance presenting papers evident district judge much influenced ordering stay proceedings withholding judgment state rendered judgment proceedings already state courts south dakota said pass upon sufficiency proceedings authorize orders question must take case presented upon stipulated return writ certiorari record presented circuit appeals upon record think circuit appeals dismissed writ mandamus ordered alternative writ order show cause issue order district judge might fully heard question determined whether mandamus issue shall therefore reverse judgment circuit appeals remand case directions issue alternative writ order show cause decide upon petition record made circuit appeals presented transcript filed alternative writ order show cause issued judgment dismissing petition reversed case remanded circuit appeals proceedings herein indicated reversed