Legal Opinion

United States v. Gomez

Supreme Court of the United States

Decided May 18, 1860PublishedCited by 16 opinions

This was au appeal from the District Court of the United States for the southern district of California. It was docketed and dismissed at the preceding term of the court, under the circumstances which will presently be briefly stated.

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This was au appeal from the District Court of the United States for the southern district of California. It was docketed and dismissed at the preceding term of the court, under the circumstances which will presently be briefly stated. The attention of the court was now called to the case by the following motions, namely: 1. A motion by the Attorney General, to vacate the order dismissing the cause, and to recall the mandate. 2. A motion by Gomez, for a mandamus to the District Court, to compel it to file the mandate, and to permit the execution of the decree of the District Coui't confirming…

1Opinion of the CourtJustice Wayne

This cause was docketed and dismissed in this court upon the motion of the appellee, and- a mandate sent to the District Court from which the transcript of its record was obtained, for proceedings to be taken by that, court to give to the complainant'the benefit of its confirmation to the land in question.

The Attorney.General now moves for the recision of the order of dismission, and that the mandate may he recalled.

He does so, alleging that no appeal had been granted to the United States in the court below by which the cause could be brought to this court for its revision ; because there was…

2Cited by16 opinions

  1. Holloway v. Fifth Court of AppealsTexas Supreme Court · 1989
  2. Person v. . GrierNew York Court of Appeals · 1876
  3. Sullivan v. GageCalifornia Supreme Court · 1905
  4. Garland v. Union Trust Co.Supreme Court of Oklahoma · 1916
  5. Palmer v. RowanNebraska Supreme Court · 1887

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