In re Dennett
Court of Appeals for the Ninth Circuit
At Law. Petition of John Dennett, Jr,, and others, for a writ of mandamus to the District Court for the District of Arizona and the judge thereof.
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At Law. Petition of John Dennett, Jr,, and others, for a writ of mandamus to the District Court for the District of Arizona and the judge thereof. John Dennett, Jr., and. numerous others, have filed their petition in this court praying an order or rule directing the District Court of the United States for the District of Arizona, and the honorable judge thereof, to snow cause why a writ of mandamus should not issue out of this court, prohibiting the said District Court and the judge thereof from exercising any jurisdiction over a certain alleged final decree, bearing date February 27, J913,…
1Per curiam
[ 1 ] It is a rule of law long established that after the term has ended all final judgments and decrees of the court pass beyond its control, unless steps have been taken during the term by motion or otherwise to modify or correct them. Bronson v. Schulten, *677104 U. S. 410, 415, 26 L. Ed. 797; Sibbald v. United States, 12 Pet. 487, 491, 9 L. Ed. 1167.
A court, in assuming to modify, annul, or set aside a judgment or decree after the term in which it is rendered, is in general parlance considered to have exceeded its jurisdiction. Such excess of jurisdiction is, no doubt, the subject of…
2Cases cited13 opinions
- McClellan v. CarlandSupreme Court of the United States · 1910
- Virginia v. RivesSupreme Court of the United States · 1880
- Bronson v. SchultenSupreme Court of the United States · 1882
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Phillips v. NegleySupreme Court of the United States · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Schendel v. McGeeCourt of Appeals for the Eighth Circuit · 1924
- Muir v. ChatfieldCourt of Appeals for the Second Circuit · 1918
- Keaton v. KennamerCourt of Appeals for the Tenth Circuit · 1930
- Delaware, L. & W. R. Co. v. RellstabCourt of Appeals for the Third Circuit · 1926
- Shell Oil Co. v. District CourtCourt of Appeals for the Ninth Circuit · 1934
1 more not listed; retrieve them via the Exa API.