United States v. Young
Supreme Court of the United States
On motion oí the United States to dismiss an appeal' from the Court of Claims, and of the appellee for a writ of certiorari.
1Opinion of the Court
Me. .Chief Justice Waite
delivered the opinion of the court.
During the pendency of this suit in this court the Court of Claims, assuming to act under the authority of sect. 1088, Rev. Stat., has granted a new trial, and the United States now ask to dismiss their appeal. This we have often decided they have the right to do. Latham's and Deming's Appeals, 9 Wall. 145. In United States v. Ayres, 9 id. 610, the motion to‘ dismiss was made by the appellee and resisted by the United States; but it was held “that the order granting the new trial has the effect of vacating the former judgment,' and…
2Cases cited4 opinions
- Durousseau v. United StatesSupreme Court of the United States · 1810
- Barry v. MerceinSupreme Court of the United States · 1847
- Ex Parte VallandighamSupreme Court of the United States · 1864
- Latham's and Deming's AppealsSupreme Court of the United States · 1870
3Cited by20 opinions
- Montgomery Ward & Co. v. DuncanSupreme Court of the United States · 1940
- American Construction Co. v. Jacksonville, Tampa & Key West Railway Co.Supreme Court of the United States · 1893
- Whitney v. DickSupreme Court of the United States · 1906
- Luxton v. North River Bridge Co.Supreme Court of the United States · 1893
- Binder v. Commercial Travelers Mut. Acc. Ass'n of AmericaCourt of Appeals for the Second Circuit · 1948
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