Reed v. Thompson
District Court, D. Alaska
The above-entitled action was tried at Seward and judgment rendered in favor of plaintiff against the defendant on the 1st day of December, 1915. Appeal was taken by the defendant to the Circuit Court of Appeals, and on the 8th day of January, 1917, the case was decided in the Circuit Court of Appeals. 238 Eed. 341, 151 C. C. A. 357. The mandate, omitting the formal parts, is as follows: “On consideration whereof, it is now here ordered, adjudged, and decreed by this court…
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The above-entitled action was tried at Seward and judgment rendered in favor of plaintiff against the defendant on the 1st day of December, 1915. Appeal was taken by the defendant to the Circuit Court of Appeals, and on the 8th day of January, 1917, the case was decided in the Circuit Court of Appeals. 238 Eed. 341, 151 C. C. A. 357. The mandate, omitting the formal parts, is as follows: “On consideration whereof, it is now here ordered, adjudged, and decreed by this court that the decree of the said District Court in this cause be, and hereby is, reversed, with costs in favor of the…
1Opinion of the Court
BROWN, District Judge.
The plaintiff, Reed, has filed a brief of considerable length in support of said petition, upon the theory that this court is the one to open up, or vacate, or set aside the decree rendered on December 1, 1915, and to grant a rehearing, and counsel for the defendant Filis have followed the same theory in their brief.
The case of Roemer v. Simon, 91 U. S. 149, 23 D. Ed. 267, is one where it was held, after an appeal had been perfected, the court cannot, upon motion of the appellant, set aside a decree of the court below and grant a rehearing. The court says:
“We can only…
2Cases cited5 opinions
- Westinghouse Electric & Manufacturing Co. v. Wagner Electric & Manufacturing Co.Supreme Court of the United States · 1912
- Roemer v. SimonSupreme Court of the United States · 1875
- Mossberg v. NutterCourt of Appeals for the First Circuit · 1903
- Barber v. CoitCourt of Appeals for the Sixth Circuit · 1902
- Peoria Gas & Electric Co. v. PeoriaSupreme Court of the United States · 1906