Browder v. McArthur

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 mándate; and that a subsequent appeal from the Circuit Court, for supposed error in.carrying into *59 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. Motion denied. Footnotes [b] He cited 2 Madd. Chan. 390, 3 P. Wms. 8. 2 Atk. 439.