R. L. Polk & Co. v. Smolik

U.S. Court of Appeals for the D.C. Circuit
R. L. Polk & Co. v. Smolik, 44 App. D.C. 55 (D.C. Cir. 1915)
1915 U.S. App. LEXIS 2674

R. L. Polk & Co. v. Smolik

Opinion of the Court

Mr. Chief Justice Shepard

delivered the opinion of the Court:

Several terms of court had elapsed since the rendition of the original judgment of dismissal.

It was an error to grant the motion. “No principle is better settled, or of more universal application, that no court can reverse or annul its own final decrees or judgments for errors of fact or law after the term in which they have been rendered, unless for clerical mistakes; * * * or to reinstate a cause dismissed by mistake.” Sibbald v. United States, 12 Pet. 488-492, 9 L. ed. 1167-1169; Phillips v. Negley, 117 U. S. 665-674, 29 L. ed. 1013-1015, 6 Sup. Ct. Rep. 901; Karrick v. Wetmore, 25 App. D. C. 415-426; s. c. 205 U. S. 141-150, 51 L. ed. 745-748, 27 Sup. Ct. Rep. 434.

It was error to grant the motion vacating the judgment after the lapse of the term, and the order to that effect is reversed, with costs, and the cause remanded with direction to set aside the order vacating the former judgment.

Reversed and remanded.

Reference

Full Case Name
R. L. POLK & COMPANY v. SMOLIK
Cited By
5 cases
Status
Published
Syllabus
Judgment; Courts; Dismissal. 1. A court cannot reverse or annul its own final decree or judgment for errors of fact or law after the term at which it was rendered, unless for clerical mistakes or to reinstate a cause dismissed by mistake. (Following Karriolc v. Wetmore, 25 App. D. C. 415, s. c. 205 U. S. 141.) 2. After the expiration of the term of the court at which a judgment dismissing an action for failure of the plaintiff to file a replication within the time prescribed by the rules of court, the court has no power to vacate the judgment of dismissal and reinstate the cause.