Ex parte Medway

Supreme Court of the United States October 15, 1874

Ex parte Medway, 90 U.S. 504 (1874)

Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of the court.

Our mandate required the Court of Claims to proceed in the cause remanded in conformity to law and justice. • We did not undertake to direct what law and justice did require, any further than to say that upon the finding of facts ap*507pearing in the record sent to us upon the appeal, the judgment was erroneous. In everything else the Court of Claims was left free to proceed with the cause in its own way and according to its own judicial discretion. That discretion we cannot control in this form of proceeding.

Petition dismissed.

Reference

Cited By: 1 case
Status: Published
Syllabus: Where on certain facts found by the Court of Claims — it refusing to find as a fact a certain allegation which the petitioner in the suit requested it to find — that court has given judgment against the petitioner, and the petitioner has taken the record to this court, which, upon considering the caso found, reverses the judgment of the Court of Claims and remands the cause “ for further proceedings in conformity with law and justice,” there is nothing which prevents the Court of Claims from setting aside the findings of fact which it had made on the first trial and from trying the case de novo.