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MACKALL V. RICHARDS, 116 U. S. 45 (1885)

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U.S. Supreme Court

Mackall v. Richards, 116 U.S. 45 (1885)

Mackall v. Richards

Submitted December 8, 1885

Decided December 14, 1885

116 U.S. 45


An appeal will not be entertained by this Court from a decree entered in a circuit or other inferior court in exact accordance with the mandate of this Court upon a previous appeal. Stewart v. Salamon, 97 U. S. 361, affirmed.

In an appeal from the execution of a mandate of this Court the appellant cannot object to an order in the original decree which was not objected to on the former appeal.

A defense, growing out of matter which happens after a mandate is sent down, can only be availed of by an original proceeding appropriate to the relief sought.

This was a motion to dismiss an appeal from the execution of a mandate of this Court, 112 U. S. 112 U.S. 369, 112 U. S. 377,

"for the reason that the decree of the Supreme Court of the District of Columbia, from which said appeal was taken, was by that court entered in accordance with, and in execution of, the mandate of this Court, issued on a previous appeal and directed to that court; or if the said appeal shall not be dismissed, that the said decree of the said Supreme Court of the District of Columbia be affirmed, on the ground that, although in the opinion of this Court, the record may show that this Court has jurisdiction, it is manifest that said appeal was taken for delay only, and that the said question on which the jurisdiction depends, is so frivolous as not to need further argument. "

Page 116 U. S. 46

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