R. L. Polk & Co. v. Smolik
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the defendant from an interlocutory order of-the Supreme Court of the District of Columbia vacating a judgment dismissing an action and reinstating the cause. The Court in the opinion stated the facts as follows: This is an appeal allowed by the court from an interlocutory order vacating the judgment of dismissal of a case and reinstating the same.
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Hearing on an appeal by the defendant from an interlocutory order of-the Supreme Court of the District of Columbia vacating a judgment dismissing an action and reinstating the cause. The Court in the opinion stated the facts as follows: This is an appeal allowed by the court from an interlocutory order vacating the judgment of dismissal of a case and reinstating the same. The original declaration was filed December 16, 1912, by Rosa B. Smolik against the defendant, R. L. Polk & Company, alleging that defendant was the publisher of a directory for the District of Columbia in the year 1912.…
1Opinion of the CourtChief Justice Shepard
Several terms of court had elapsed since the rendition of the original judgment of dismissal.
It was an error to grant the motion. “No principle is better settled, or of more universal application, that no court can reverse or annul its own final decrees or judgments for errors of fact or law after the term in which they have been rendered, unless for clerical mistakes; * * * or to reinstate a cause dismissed by mistake.” Sibbald v. United States, 12 Pet. 488-492, 9 L. ed. 1167-1169; Phillips v. Negley, 117 U. S. 665-674, 29 L. ed. 1013-1015, 6 Sup. Ct. Rep. 901; Karrick v. Wetmore, 25 App. D.…
2Cases cited3 opinions
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Phillips v. NegleySupreme Court of the United States · 1886
- Wetmore v. KarrickSupreme Court of the United States · 1907
3Cited by5 opinions
- United States ex rel. Tungsten Reef Mines Co. v. IckesCourt of Appeals for the D.C. Circuit · 1936
- Marvin's Credit, Inc. v. KitchingDistrict of Columbia Court of Appeals · 1943
- Serkowich v. WardellCourt of Appeals for the D.C. Circuit · 1938
- Acker v. HerfurthCourt of Appeals for the D.C. Circuit · 1939
- Verkouteren v. EdwardsCourt of Appeals for the D.C. Circuit · 1942