Ex Parte Dubuque and Pacific Railroad
Cases that cite this one
35 later published cases cite this decision. The 25 that cite it most often are listed here.
- Mays v. Burgess (D.C. Cir. 1945)
- Peavy-Byrnes Lumber Co. v. Commissioner (United States Board of Tax Appeals 1935)
- S. S. Kresge Co. v. Winget Kickernick Co. (8th Cir. 1939)
- Banco Nacional De Cuba v. Farr (2d Cir. 1967)
- Rhodes v. Houston (United States District Court, Nebraska 1966)
- Banco Nacional De Cuba v. Farr (District Court, S.D. New York 1965)
- United States v. Frank Costello (2d Cir. 1956)
- Coastal Club, Inc. v. Shell Oil Co. (District Court, W.D. Louisiana 1944)
- Flowers v. United States (8th Cir. 1936)
- Seagraves v. Wallace (5th Cir. 1934)
- Osage Oil & Refining Co. v. Continental Oil Co. (10th Cir. 1929)
- Gilliland v. Bilby (Okla. 1916)
- The Steam Dredge A (4th Cir. 1915)
- American Soda Fountain Co. v. Sample (3d Cir. 1905)
- Gaines v. Rugg (Supreme Court of the United States 1893)
- Wenborne-Karpen Dryer Co. v. Cutler Dry Kiln Co. (District Court, W.D. New York 1927)
- Rochester v. Seattle, Renton & Southern Railway Co. (Wash. 1913)
- St. Louis, Kansas City & Colorado Railroad v. Wabash Railroad (Supreme Court of the United States 1910)
- First National Bank v. Chicago Title & Trust Co. (Supreme Court of the United States 1907)
- James McCreery Realty Corp. v. Equitable National Bank (Appellate Terms of the Supreme Court of New York 1907)
- Garfield v. United States ex rel. Goldsby (D.C. Cir. 1907)
- King v. Mason (W. Va. 1906)
- Illinois v. Illinois Central Railroad (Supreme Court of the United States 1902)
- Ex Parte the Union Steamboat Company (Supreme Court of the United States 1900)
- In re Potts (Supreme Court of the United States 1897)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
EX PARTE DUBUQUE AND PACIFIC RAILROAD.
Supreme Court of United States.
*70 Mr. Mason against the motion.
Mr. Platt Smith contra.
*72 Mr. Justice CATRON, after stating the case, delivered the opinion of the court; Mr. Justice MILLER, who had been of counsel in the case, not sitting in it here.
*73 In granting the new trial the District Court seems to have been governed by two reasons: First, because the statutes of Iowa prescribed that a second trial may be had of course in actions brought for the recovery of real estate; and Secondly, because the court below had the power, after the cause was presented there by a mandate from this court and the judgment of reversal entered, to hold that the cause stood on the same footing that it would have done, had the District Court entered the judgment for the defendant before the cause was brought up to this court. And in that case it is true the District Court could have granted a new trial at its discretion.
The 24th section of the Judiciary Act of 1789 governs the practice in cases brought up and reviewed in this court. It is bound to give such judgment as the court below ought to have given, and the law directs that a mandate shall be sent down to have the judgment entered as final in the lower courts, when it is for the defendant below, as here. The District Court had no power to set aside the judgment of the Supreme Court, its authority extending only to executing the mandate.[*]
We order that a writ of mandamus do issue to the Circuit Court of the District of Iowa, commanding it to vacate and erase the order granting a new trial in the aforesaid cause; and that a judgment be entered in conformity to the mandate of this court.
ORDER ACCORDINGLY.
NOTES
[*] Ex parte Sibbald, 12 Peters, 492.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.