Supervisors Vs. Kennicott

Supervisors vs Kennicott

Type Court Judgment Court US Supreme Court Decided 1876

~3 min read

https://sooperkanoon.com/case/83143

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/83143
Court: US Supreme Court
Decided On: 1876
Case Number: 94 U.S. 498
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Supervisors

Respondent

Kennicott

Excerpt

.....but the mandate as sent down "commanded that such execution and further proceedings be had in conformity to the opinion and decree of this court, as according to right, &c.;, ought to be had." technically, there can be no "new trial" in a suit in equity, and as our mandates are to be interpreted according to the subject matter of the proceeding here, and if possible so as not to cause injustice, story v. livingston, 13 pet. 359, it is proper to inquire what must have been intended by the use of that term in the decree, since it cannot have its ordinary meaning. for that purpose, we held in west v. brashaer, 14 pet. 51, that resort might be had to the opinion delivered at the time of the decree. availing ourselves of this rule, it is easy to see that there could have been no intention to open the case for further hearing upon the issues presented and decided here. there is not an expression of any kind in the opinion indicating any such determination. on the contrary, it is distinctly declared that the mortgage was valid and that the complainants were entitled to their judgment. under these circumstances, it is apparent that the words "new trial" were used to convey the idea of such further action as should be found necessary to carry into effect what had been already decided. no error has been assigned upon the proceedings in the circuit court under the mandate construed in this way, and the decree of the circuit court is therefore affirmed.

Full Judgment

Supervisors v. Kennicott - 94 U.S. 498 (1876)
U.S. Supreme Court Supervisors v. Kennicott, 94 U.S. 498 (1876)

Supervisors v. Kennicott

94 U.S. 498

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS

SYLLABUS

Whatever has been decided here upon one appeal cannot be reexamined in a subsequent appeal of the same suit. The subsequent appeal brings up only the proceedings of the circuit court after the mandate of this Court.

MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.

When this case was here on a former appeal, we decided that the mortgage in controversy was valid in favor of bona fide holders of the bonds it was given to secure, and that the complainants

Page 94 U. S. 499

were entitled to a decree for the amount of the bonds held by them. Kennicott v. Supervisors, 16 Wall. 468, 83 U. S. 471 . These questions are therefore no longer open, for it is settled in this Court that whatever has been decided here upon one appeal cannot be reexamined in a subsequent appeal of the same suit. Such subsequent appeal brings up for consideration only the proceedings of the circuit court after the mandate of this Court. Himely v. Rose, 5 Cranch 314; Martin v. Hunter's Lessee, 1 Wheat. 355; Browden v. McArther, 12 Wheat. 53; Sibbard v. United States, 12 Pet. 492; Corning v. Troy Iron and Nail Co., 15 How. 466; Sizer v. Manry, 16 How. 103; Roberts v. Cooper, 20 How. 481; Tyler v. Maguire, 17 Wall. 283.

It is true that after reversing the decree of the circuit court upon the former appeal, it was further ordered that the cause be remanded "with directions to award a new trial," but the mandate as sent down "commanded that such execution and further proceedings be had in conformity to the opinion and decree of this court, as according to right, &c.;, ought to be had." Technically, there can be no "new trial" in a suit in equity, and as our mandates are to be interpreted according to the subject matter of the proceeding here, and if possible so as not to cause injustice, Story v. Livingston, 13 Pet. 359, it is proper to inquire what must have been intended by the use of that term in the decree, since it cannot have its ordinary meaning. For that purpose, we held in West v. Brashaer, 14 Pet. 51, that resort might be had to the opinion delivered at the time of the decree. Availing ourselves of this rule, it is easy to see that there could have been no intention to open the case for further hearing upon the issues presented and decided here. There is not an expression of any kind in the opinion indicating any such determination. On the contrary, it is distinctly declared that the mortgage was valid and that the complainants were entitled to their judgment. Under these circumstances, it is apparent that the words "new trial" were used to convey the idea of such further action as should be found necessary to carry into effect what had been already decided. No error has been assigned upon the proceedings in the circuit court under the mandate construed in this way, and the decree of the circuit court is therefore

Affirmed.

Same Parties Supervisors vs Kennicott Same Subject Land Acquisition