Ryerson v. Eldred
Michigan Supreme Court
This case was decided at the January term of 1869, and is reported ante p. IS. An application was now made for a re-hearing or such other relief as might be proper upon a showing substantially as follows: It is claimed that by the decree possession is given of a larger tract than was covered by the contract under which the rights of Samuel D. Eldred accrued.
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This case was decided at the January term of 1869, and is reported ante p. IS. An application was now made for a re-hearing or such other relief as might be proper upon a showing substantially as follows: It is claimed that by the decree possession is given of a larger tract than was covered by the contract under which the rights of Samuel D. Eldred accrued. Copies of the various papers were set out, but as the court did not discover any misdescription, it will not be necessary to .recite them. The affidavits set out also that Samuel D. Eldred’s interest was sold on execution in December,…
1Per curiam
We can pay no attention to the proceeding in the circuit allowing a bill of review. The 'decree complained of is a decree made by this court sitting as a court of last resort; and if any such bill can be permitted at all, it can only be done by the leave of this court. — Southard v. Russell, 16 How. R. 547; Stafford v. Bryan, 2 Paige, Ch. R. 47.
Nor is there any force in the suggestion that our decree has not been enrolled. Decrees in this court are never made in any other way than by entry on the journals. The decree, therefore, which was sent down to the circuit for execution, was final and…
2Cited by10 opinions
- Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
- Halbrook v. QuinnCourt of Appeals of Texas · 1924
- Mickle v. MaxfieldMichigan Supreme Court · 1879
- Cleveland v. QuiltyMassachusetts Supreme Judicial Court · 1880
- Nessley v. LaddOregon Supreme Court · 1897
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