Jared v. Hill

WHEN the judgment of a Circuit Court is reversed, and the proceedings up to a certain point are set aside at the costs of, the defendant in error, and- the cause is remanded for further proceedings; if the Circuit Court refuse to render a judgment for the costs according to the mandate, this .Court will grant a. *156rule to show cause why a mandamus should not issue (1). (Holman J. was absent.)

The issuing of this rule to show cause, was under the appellate powers of the Court, it having no original jurisdiction in the case. Cons. 5 a. 2 s. The rule is that a Court of Appeals, as such, may award a…