Wilson v. Newburgh
District of Columbia Court of Appeals
Hearing on a special appeal by the defendant from an order of tbe Supreme Court of the District of Columbia denying a motion for restitution of property taken under an erroneous judgment. The Court in the opinion stated the facts as follows: This is a special appeal from an order of the supreme court of the District of Columbia denying a motion for restitution.
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Hearing on a special appeal by the defendant from an order of tbe Supreme Court of the District of Columbia denying a motion for restitution of property taken under an erroneous judgment. The Court in the opinion stated the facts as follows: This is a special appeal from an order of the supreme court of the District of Columbia denying a motion for restitution. On September 6, 1910, an action in ejectment was instituted in the court below by one Adriaans, on behalf of appellee, Charles Newburgh, against Mary S. Wilson, appellant and certain tenants, for the recovery of possession of certain…
1Opinion of the CourtJustice Van Orsdel
delivered tbe opinion of tbe Court:
It is contended by counsel for appellee that tbe appeal should have been prosecuted from tbe order of June 19, 1913, denying tbe first motion. The first motion was filed before the mandate of this court bad been acted upon by tbe court below, and was therefore premature. Gregg v. Forsyth, 2 Wall. 56, 17 L. ed. 782. But there was nothing in tbe order of tbe court to prevent appellant from at any time renewing tbe motion. Tbe case, therefore, is properly here.
*409Upon vacation of the former judgment and the granting of a new trial, the case stands as originally.…
2Cases cited2 opinions
- Gregg v. ForsythSupreme Court of the United States · 1865
- Perry v. . TupperSupreme Court of North Carolina · 1874
3Cited by8 opinions
- Quick v. ParegolDistrict of Columbia Court of Appeals · 1949
- Brooks v. TriggDistrict of Columbia Court of Appeals · 1947
- District of Columbia v. HuffmanDistrict of Columbia Court of Appeals · 1945
- Price v. DaimeDistrict of Columbia Court of Appeals · 1950
- Clarke v. CleckleyCourt of Appeals for the D.C. Circuit · 1950
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