Pacific Express Co. v. Malin

Supreme Court of the United States November 26, 1888

Pacific Express Co. v. Malin, 131 U.S. 394 (1888)

9 S. Ct. 792; 33 L. Ed. 204; 1888 U.S. LEXIS 2046

Pee

Opinion

Per curiam

: This case is dismissed for want of jurisdiction.

Dismissed.

Mr. Phillips, at a later day, moved the court for the issuance of a mandate, and, as cause therefor, he stated that no notice of the motion for the mandate had been served on the opposite party; but that no opposition had been made to the dismissal of the case, and, as the dismissal had been made for want of jurisdiction, there would seem to be no reason why the mandate should be withheld.

Pee cueiam

: Sufficient cause has been shown, and the mandate may issue at once.

Mandate issued.

Reference

Cited By: 5 cases
Status: Published
Syllabus: When the defendant below sues out the writ of error, the matter in dispute here is the judgment rendered against him. In a case which had been dismissed for want of jurisdiction, no opposition having been made thereto, the court allowed a mandate, notwithstanding notice of the motion for the mandate had not been given.