Buchanan v. Griggs
Nebraska Supreme Court
Motion to correct mandate, etc., in case reported 18 Neb., 121. 1. A court of equity will not issue an injunction to restrain the execution of its own decree. McReynolds v. Ilarshaw, 2 Ired. Eq., 196. Rickett v. Johnson, 8 Cal., 34. Gorhamv. Toomey, 9 Cal., 77. Platto v. Deuster, 22 Wis., 482. Payton v. Rdf, 34 Wis., 86. Endter v. Lennon, 46 Wis., 299. 2. Where there is a statutory remedy for correcting a decree obtained by fraud such remedy is exclusive.
Read the full summary
Motion to correct mandate, etc., in case reported 18 Neb., 121. 1. A court of equity will not issue an injunction to restrain the execution of its own decree. McReynolds v. Ilarshaw, 2 Ired. Eq., 196. Rickett v. Johnson, 8 Cal., 34. Gorhamv. Toomey, 9 Cal., 77. Platto v. Deuster, 22 Wis., 482. Payton v. Rdf, 34 Wis., 86. Endter v. Lennon, 46 Wis., 299. 2. Where there is a statutory remedy for correcting a decree obtained by fraud such remedy is exclusive. Tecumseh Town Site Case, 3 Neb., 284. Railroad Co. v. ■Whitaare, 8 Ohio St., 590. State v. Marlow, 15 Ohio St., 114. Code Neb., § 602,…
1Opinion of the CourtReese, J.
This case was originally decided at the July term, 1885, of this court, and is reported in 18th Neb., page 121.
A mandate was issued in accordance with the judgment, and sent to the clerk of the district court from whence the appeal came.
*166On the 25th of May of the present year, the defendants again appeared in this court, and filed a motion seeking a change in, or 'correction of, the mandate, so as to make it apply only to this case. Plaintiffs also appeared and sought a modification of the decree in this court to the extent that the cause should not be remanded to the district court, but that…
2Cited by12 opinions
- Parsons Construction Co. v. GiffordNebraska Supreme Court · 1935
- Bell v. DingwellNebraska Supreme Court · 1912
- Flentham v. StewardNebraska Supreme Court · 1895
- Schreiner v. WitteNebraska Supreme Court · 1943
- Glissmann v. BauermeisterNebraska Supreme Court · 1941
7 more not listed; retrieve them via the Exa API.