Display Mode
Dark
Dark
Light
Light
Theme Cover
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Search History
No search history
Copied to clipboard
StarredCase saved
Oh No!
Copied to clipboard
StarredCase saved
Oh No!
Media
Term
Opinion Writer
Direction
Field

Tupper & Another v. Wise

• 1883 • 110 U.S. 398 • Waite Court
Tupper & Another v. Wise was a United States Supreme Court case that dealt with the issue of whether a state court had the authority to issue a writ of mandamus to a federal court. The case involved two parties, Tupper and Wise, who were involved in a dispute over a contract. Tupper had filed a suit in a federal court against Wise, and Wise had filed a motion to dismiss the suit. The federal court denied the motion, and Wise then filed a petition for a writ of mandamus in a state court. The...Open Case
Score:
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms
1 results found
Become a Sponsor
Support Us
Feedback: We can do better!

Your feedback is extremely important to us and greatly appreciated.
Tell us what went wrong

Copied to clipboard
StarredCase saved
Oh No!
Chief Waite Court
Term: 1883
110 U.S. 398
4 S. Ct. 26
28 L. Ed. 189
1884 U.S. LEXIS 1707

Tupper & Another v. Wise

  • Pro
  • Pro
Go Pro!orto acess these features and extra content.

Opinion Summary
AI Abstract

Tupper & Another v. Wise was a United States Supreme Court case that dealt with the issue of whether a state court had the authority to issue a writ of mandamus to a federal court. The case involved two parties, Tupper and Wise, who were involved in a dispute over a contract. Tupper had filed a suit in a federal court against Wise, and Wise had filed a motion to dismiss the suit. The federal court denied the motion, and Wise then filed a petition for a writ of mandamus in a state court. The state court granted the writ, and Tupper appealed the decision to the Supreme Court. The Supreme Court held that the state court did not have the authority to issue a writ of mandamus to a federal court. The Court reasoned that the state court lacked jurisdiction over the federal court, and that the writ of mandamus was an extraordinary remedy that could only be issued by a court with jurisdiction over the matter. The Court also noted that the writ of mandamus was a remedy that was only available in cases of extreme necessity, and that the facts of the case did not meet this standard. As a result, the Supreme Court reversed the decision of the state court and held that the writ of mandamus was not available in this case.

Dissent Summary
AI Abstract

Justice Field delivered the dissenting opinion in Tupper & Another v. Wise, arguing that the majority's decision was wrongfully based on a misapplication of precedent and an incorrect interpretation of state law. He argued that under Michigan law, which governed this case, the plaintiff had no right to bring suit against his former partner for damages resulting from breach of contract because he had already received full compensation through dissolution proceedings. Furthermore, Justice Field noted that even if there were some legal basis for bringing such a claim in this situation it would be barred by res judicata as both parties had previously litigated their dispute before a court with jurisdiction over them and reached an agreement regarding its resolution. Finally, he contended that allowing plaintiffs to pursue claims after they have been fully compensated would lead to unnecessary litigation and create uncertainty about when contracts are truly binding or not.

Opinion written by Justice MRWaite
Decided: Feb 04, 1884
PDF viewer is not available.
Go Pro!orto acess these features and extra content.
Related Cases
AI Assist
Go Pro!orto acess these features and extra content.
PDF viewer is not available.
Oral Transcripts
Go Pro!orto acess these features and extra content.
Related Cases
Go Pro!orto acess these features and extra content.
Ask Etalia.ai
Go Pro!orto acess these features and extra content.
Audio of Oral Arguments
Free Trial!
Become a Sponsor

Support Us
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms