In Re Potts
Supreme Court of the United States
ORIGINAL. This was a petition, presented to this court oh January 4, 1897, for a writ. of mandamus to the Honorable George E. Sage, United States District Judge, sitting as a judge of the Circuit Court of the United States for the Southern District of Ohio, to command him to execute a mandate of this court, and to set. aside orders made by him after receiving the mandate and inconsistent therewith.
Read the full summary
ORIGINAL. This was a petition, presented to this court oh January 4, 1897, for a writ. of mandamus to the Honorable George E. Sage, United States District Judge, sitting as a judge of the Circuit Court of the United States for the Southern District of Ohio, to command him to execute a mandate of this court, and to set. aside orders made by him after receiving the mandate and inconsistent therewith. The case was as follows: Upon a bill in equity for the infringement of letters patent, an answer denying,paten table novelty and infringement, a general replication, and proofs taken and completed,…
1Opinion of the CourtJustice Gray
The general rules which govern cases of this kind are stated, and the decisions bj7 which those rules have been established are collected, in the recent case of Sanford Fork & Tool Co., Petitioner, 160 U. S. 247, in which this court said: H When a case has been once decided by this court on appeal, and remanded to the Circuit Court, whatever was before this court, and disposed of by its decree, is considered as finally settled. The Circuit Coui’t is bound by the decree as the law of the case; and must carry it into execution, according to the mandate. That court cannot vary it, or examine it…
2Cases cited9 opinions
- In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
- Smith v. Vulcan Iron WorksSupreme Court of the United States · 1897
- Gaines v. RuggSupreme Court of the United States · 1893
- Stewart v. SalamonSupreme Court of the United States · 1878
- Southard v. RussellSupreme Court of the United States · 1854
4 more not listed; retrieve them via the Exa API.
3Cited by148 opinions
- Olga Zdanok v. The Glidden Company, Durkee Famous Foods Division, Frank T. Alexander v. The Glidden Company, Durkee Famous Foods DivisionCourt of Appeals for the Second Circuit · 1964
- Standard Oil Co. of Cal. v. United StatesSupreme Court of the United States · 1976
- John Simmons Co. v. Grier Brothers Co.Supreme Court of the United States · 1922
- Baltimore & Ohio Railroad v. United StatesSupreme Court of the United States · 1929
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
143 more not listed; retrieve them via the Exa API.