Opinion · Supreme Court of the United States
Stewart v. Salamon
Stewart v. Salamon, 97 U.S. 361 (Supreme Court of the United States 1878)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1878-11-18
- Topic
- general
Mr. Chief Justice Waite delivered the opinion of the court. An appeal will not be entertained by this court from a decree *362entered in the circuit or other inferior court, in exact accordance with our mandate upon a previous appeal. Such a decree, when entered, is in effect our decree, and the appeal would be from ourselves to ourselves. If such an appeal is. taken, however, we will, upon the application • of the appellee, examine the decree entered, and if it conforms to the mandate, dismiss the ease with costs.
Citator
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- Authority status
- pending
- Cited by
- 80 opinions
Headnotes
- Civil Procedure — Appeals from Decrees Entered on Mandate An appeal will not be entertained from a decree entered by a lower court in exact accordance with the appellate court's mandate upon a previous appeal, because such a decree is in effect the appellate court's own decree, and the appeal would be from the appellate court to itself.
- Civil Procedure — Enforcement of Mandate Where an appeal is taken from a decree entered on mandate, the appellate court, on application of the appellee, will examine the decree; if it conforms to the mandate the appeal will be dismissed with costs, and if it does not conform the case will be remanded with appropriate directions for correction of the error.
- Civil Procedure — Writs of Error The rule barring appeals from decrees entered in accordance with the appellate court's mandate applies equally to writs of error.
- Civil Procedure — Mandamus The dismissal of an appeal from a decree entered on mandate does not interfere with any remedy the parties may have by mandamus.
- Civil Procedure — Removal Once the rights of the parties in the subject matter of a suit have been finally determined on the original appeal, the lower court may not reopen the case or permit new pleadings introducing new defenses; its only remaining function is to enter a decree in accordance with the appellate court's instructions and carry it into effect.
- Civil Procedure — Scope of Review on Appeal from Post-Mandate Proceedings A party aggrieved by proceedings in the execution of a decree after its entry may appeal from the final decree in that behalf, but such an appeal brings up for re-examination only the proceedings subsequent to the mandate.
delivered the opinion of the court.
An appeal will not be entertained by this court from a decree
This is an appeal from a decree entered upon our mandate. No complaint is made as to its form, and it seems to be in all respects according to our directions. The effort of the appellant was to open the case below, and to obtain leave to file new pleadings, introducing new defences. This- he could not do. The rights of the parties in the subject-matter of the suit were finally determined upon the original appeal, and all that remained for the Circuit Court to do was to enter a decree in accordance with our instructions, and carry it into effect. If in the progress of the execution of the decree, after its entry, either party is aggrieved, he may appeal from the final decree in that behalf; but such an appeal will bring up for re-examination only the proceedings subsequent to the mandate.
The appeal will be dismissed with costs; and it is
So ordered.