Legg v. Overbagh
Court for the Trial of Impeachments and Correction of Errors
Motion to vacate decree of affirmance. In May, 1829, a final decree was pronounced in chancery in favor of the respondents here, the defendants below ; the complainants below appealed, and the cause was set down for argument at the session of this court in September last; the court refused to heat it, in consequence of the indisposition of one of the counsel fox the appellants, and when subsequently other counsel were prepared to ax-guc, the court adjourned the further…
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Motion to vacate decree of affirmance. In May, 1829, a final decree was pronounced in chancery in favor of the respondents here, the defendants below ; the complainants below appealed, and the cause was set down for argument at the session of this court in September last; the court refused to heat it, in consequence of the indisposition of one of the counsel fox the appellants, and when subsequently other counsel were prepared to ax-guc, the court adjourned the further hearing of appeals, and took up writs of error. On the 1st February, 1830, on the application of the respondents, the cause…
1Opinion of the Court
On the next day the following opinions were delivered:
By Chief Justice Savage.
When a remittitur has regularly issued, and the proceedings have been sent down to the court below, this court has no longer any control over the cause; the court below has become re-possessed of it, and the jurisdiction of this court over it has ceased. It is otherwise when the remittitur has issued irregularly. When issued irregularly, in contemplation of law, the proceedings remain here, and the order or decree made will of cohrSe be superseded; the remittitur issued not being considered the act of the court.…
2Cited by17 opinions
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- Town of Underhill v. Town of JerichoSupreme Court of Vermont · 1893
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