Citizens Bank v. Heyward

Circuit Judge Townsend

(concurring) :

The above-entitled case was .decided by the Court en banc, and its decision filed with- the Clerk of the Supreme Court in December last. Within ten days and before the remittitur has gone to the Circuit Court a petition for rehearing has been filed. Can it be entertained? The inherent power of the Supreme Court to modify or vacate its decision during the term in which it is made, and before its judgment is remitted to the Circuit Court (Code Civ. Proc., § 27), is not doubted (Empire Mining Co. v. Propeller Towboat Co., 59 S. C., 552; 38 S. E., 156). Does…