Stewart v. Salamon
Supreme Court of the United States
Motion to dismiss an appeal from the Circuit Court of the United States for the Southern District of Georgia. At its October Term, 1876, this court, in Stewart v. Salamon (94 U. S. 434), reversed the decree of the court below, and remanded the cause for further proceedings, in accordance with the Opinion then delivered.
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Motion to dismiss an appeal from the Circuit Court of the United States for the Southern District of Georgia. At its October Term, 1876, this court, in Stewart v. Salamon (94 U. S. 434), reversed the decree of the court below, and remanded the cause for further proceedings, in accordance with the Opinion then delivered. After the mandate was filed in the Circuit- Court, Stewart and Cutts petitioned for leave to file a plea of lis pendens, and an amended answer to the original bill. The petition having been overruled, and a final decree entered in accordance with the mandate, they appealed…
1Opinion of the CourtChief Justice Waite
An appeal will not be entertained by this court from a decree *362entered in the circuit or other inferior court, in exact accordance with our mandate upon a previous appeal. Such a decree, when entered, is in effect our decree, and the appeal would be from ourselves to ourselves. If such an appeal is. taken, however, we will, upon the application • of the appellee, examine the decree entered, and if it conforms to the mandate, dismiss the ease with costs. If it does not, the case will be remanded with appropriate directions for the correction of the error. The same rule applies to writs of…
2Cited by79 opinions
- In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
- In Re PottsSupreme Court of the United States · 1897
- Aspen Mining & Smelting Co. v. BillingsSupreme Court of the United States · 1893
- Kingsbury v. BucknerSupreme Court of the United States · 1890
- Gaines v. RuggSupreme Court of the United States · 1893
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