U.S. Supreme Court
United States v. Young, 94 U.S. 258 (1876)
United States v. Young
94 U.S. 258
1. The Court of Claims, by granting a new trial after rendering judgment, and while an appeal therefrom is pending here, vacates the judgment, and resumes control of the case and the parties.
2. In such a case, a writ of certiorari will not be granted to compel that court to send here the proceedings subsequent to the appeal, but the appeal will be dismissed.
3. After judgment shall have been finally rendered by the Court of Claims, the proceedings in which the new trial was obtained may be brought here by appeal for review. chanroblesvirtualawlibrary