Gregg v. Forsyth
Supreme Court of the United States
Forsyth had brought ejectment against Gregg in the Circuit Court for Illinois, and obtained judgment for the land sued for. , Oil writ of error taken by Gregg, this court reversed that judgment and remitted the case with directions to issue a venire de novo.
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Forsyth had brought ejectment against Gregg in the Circuit Court for Illinois, and obtained judgment for the land sued for. , Oil writ of error taken by Gregg, this court reversed that judgment and remitted the case with directions to issue a venire de novo. Between the time, however, that the Circuit Court gave its judgment of recovery, and that when this court gave its of reversal; Forsyth had been put in possession of the premises by a habere facias, and had collected, moreover, the costs of the suit. As soon as the mandate of this court reversing the judgment was sent down to the court…
1Opinion of the CourtJustice Nelson
Upon the facts of this case, it will be seen that at the time the motion was made in the court below, the cause was not then pending in the court. Although the mandate had been Bent down to tbe circuit from this' court it had not been filed there, nor had the rule been entered in pursuance of its directions reversing the judgment. The court had not, therefore, obtained possession of the cause, and this was, doubtless, the reason for refusing the motion for restitution. The plaintiffs in error were entitled to restitution both of the premises and costs on the reversal of the judgment, and the…
2Cases cited2 opinions
- Safford v. StevensCourt for the Trial of Impeachments and Correction of Errors · 1828
- Lessee of Samuel Smith, in Error v. Rober Trabue's Heirs, by James Trabue, Their Next FriendSupreme Court of the United States · 1835
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- Wilson v. NewburghDistrict of Columbia Court of Appeals · 1914
- Quick v. ParegolDistrict of Columbia Court of Appeals · 1949
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