Ex Parte: In the Matter of the United States
Supreme Court of the United States
“O.n the 12th of December, 1871, the attorney of the said Russell produced in open .court the mandate of the Supreme Court of the United States, affirming the judgment rendered by this court in favor of said Russell, and the same was ordered by this court to be placed on file.
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“O.n the 12th of December, 1871, the attorney of the said Russell produced in open .court the mandate of the Supreme Court of the United States, affirming the judgment rendered by this court in favor of said Russell, and the same was ordered by this court to be placed on file. “That the defendants, by voluntarily arguing their appeal in the Supreme Court, after having-made their several motions in the Court of Claims, which they did not proceed to argue in apt time,-and by. allowing the Supreme Court to proceed to judgment thereon while their motions in the Court of Claims were still pending,…
1Opinion of the Court
Ex parte: In the matter of the United States.
T. The power of the Court of Claims, under the second section of the act of June 25th, 1868,'to grant a now trial in favor of the-United States, .if moved for within two years next after the final disposition of the Suit, is not taken away by the affirmance of the judgment on appeal, and the filing in that court of the mandate of affirmance.
2. Where a court is, like the Court of Claims, composed of five judges, and a motion for a new trial of a case is argued before, and submitted to, four of them, who, in conference, are equally divided in…
2Cited by10 opinions
- In Re Pennsylvania Co.Supreme Court of the United States · 1890
- Jackson Ex Dem. Astor v. CraneSupreme Court of the United States · 1831
- Belknap v. United StatesSupreme Court of the United States · 1893
- Mengel v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1943
- Russell v. United StatesUnited States Court of Claims · 1879
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