Supreme Court of the United States, 1822

Browder v. McArthur

Browder v. McArthur
Supreme Court of the United States · Decided February 21, 1822
20 U.S. 58; 5 L. Ed. 397; 7 Wheat. 58; 1822 U.S. LEXIS 257 (United States Reports)

Browder v. McArthur

Opinion

The Court denied the motion, being of opinion that it was too late to grant a rehearing in a cause after it had been remitted to the Court below, to carry into effect the decree of this Court, according to its mándate; and that a subsequent appeal from the Circuit Court, for supposed error in.carrying into *59 effect such mandate, brought up only the proceedings subsequent to the mandate, and did not authorize an inquiry into the merits of the original decree.

Motion denied.

He cited 2 Madd. Chan. 390, 3 P. Wms. 8. 2 Atk. 439.

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