Same Case
Supreme Court of the United States
The judgment which is above reported as having been affirmed, was so affirmed at the December Term, 18671 A mandate accordingly issued to the court below, reciting the judgment of this court, and directing that “ such execution and proceedings be had in said cause, as according to right and justice and the laws of the United States ought to be had, the said writ of error notwithstanding.”
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The judgment which is above reported as having been affirmed, was so affirmed at the December Term, 18671 A mandate accordingly issued to the court below, reciting the judgment of this court, and directing that “ such execution and proceedings be had in said cause, as according to right and justice and the laws of the United States ought to be had, the said writ of error notwithstanding.” This mandate was presented to the Circuit Court for the Eastern District of Texas, and ordered to be recorded; and Porter, who was now the surviving plaintiff, with the executors of his deceased co-plaintiff…
1Opinion of the CourtJustice Clifford
Final process is never issued by this court in the exercise of its appellate jurisdiction, except in cases where a State has once refused to execute the mandate of the court. Instead of that the mandate is transmitted to the subordinate court, and where the directions contained in the mandate are precise and unambiguous, it is the duty of the subordinate court to carry it into execution, and not to look elsewhere to change its meaning. *
Two causes are assigned for the motion to dismiss the present writ, which is a second writ of error in the case sued out by the same party: (1.) Because the…
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