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20 U.S. 58

5 L. Ed. 397

7 Wheat. 58

Browder v. McArthur

Supreme Court of the United States

February 21, 1822

Supreme Court of the United States · decided 1822-02-21

<p>This Court will not grant a rehearing in an equity, cause, after it has been remitted to the Court below to carry into effect the decree of this Court, according to its mandate.</p>

1 counsel of record

Key passage — most relied on by later courts

““It was too lato to grant a rehearing in a cause, after it had been remitted to the court below, to carry into effect the- decree of This court, according to its mandate; and that a subsequent appeal from ihe Circuit Court, for supposed error in carrying into effect such mandate, brought up only the proceedings subsequent to the mandate, and did not authorize an inquiry into the merits of the original decree.””

quoted by 1 later decision, including Montana Mining Co. v. St. Louis Min. & Mill. Co. of Montana

Cited in Bouvier (1914)’s definition of “Rehearing”

Good law ✅— No negative treatment on recordhow we know

Petition denied / appeal dismissed · 7–0 · Decided 1822-02-21

How this case has been cited

Cited by 43 later decisions (4 by the Supreme Court) — most recently January 1959 · most notably Ex Parte Charles Sibbald v. The United States (1838), Kingsbury v. Buckner (1890)

15 federal appellate · 12 state decisions

9018221830184018501860187018801890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1

Feb. 21st.

¶2

Mr. Doddridge, for the appellant, Browder, moved for a rehearing in this cause, which is the same case that was determined at the last term, and remitted to the Court below to carry into effect the decree of this Court.a It was now again brought before this Court, upon an appeal from the decree of the Court below, entered according to the mandate from this Court. The appellant's counsel now moved for a rehearing upon the merits.b

¶3

The COURT denied the motion, being of opinion that it was too late to grant a rehearing in a cause after it had been remitted to the Court below, to carry into effect the decree of this Court, according to its mandate; and that a subsequent appeal from the Circuit Court, for supposed error in carrying into

a

S. C. 6 Wheat. Rep.

b

He cited 2 Madd. Chan. 390. 3 P. Wms. 8. 2 Atk. 439. effect such mandate, brought up only the proceedings subsequent to the mandate, and did not authorize an inquiry into the merits of the original decree.

¶4

Motion denied.

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