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Central National Bank v. Stevens

Cent. Nat'l Bank v. Stevens, 171 U.S. 108 (1898)
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Court
Supreme Court of the United States
Decided
May 31, 1898
Docket
No. 38
Judges
Per Curiam
Citations
171 U.S. 10818 S. Ct. 83743 L. Ed. 971898 U.S. LEXIS 1591
Summary
ERROR TO THE COURT OF APPEALS OF THE STATE OF NEW YORK. Motion to amend mandate. The motion to amend the mandate is denied. This was a motion to-amend the mandate in this case which issued on the judgment reported in 169 U. S. 432. The motion was as follows: “ Come now the defendants in error and move the court that the annexed mandate be amended so as to command that the judgment below be reversed only in the particulars described in the opinion of the court.”

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Per Curiam

Per Curiam:

The motion to amend the mandate in the above case seems to proceed on a misconception of the meaning of the judgment and mandate.- The judgment of this court does not undertake to affect or reverse the judgment of the Supreme Court of the State of New York, except in so far as that judgment sought to restrain the Central National Bank of Boston and the other plaintiffs in error from proceeding under and in accordance with the decree of the Circuit Court of the United States for the Northern District of New York, and to compel them to again try in the Supreme Court of New York matters tried and determined in the Circuit Court. As between the other parties the judgment of the Supreme Court of New York was, of course, left undisturbed, and it is not perceived that the terms of the mandate signify anything else, or imply the consequences suggested by counsel.

The motion is denied.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1912: 11932: 21935: 119122026peak 1932 · 2

Relies on it most ⓘ

  1. Wish v. Pacific States Life Ins.11 F. Supp. 895 (E.D. Ill. 1935)
  2. United States ex rel. First National Bank v. Lufcy49 S.W.2d 8 (Mo. 1932)
  3. U.S. ex rel. v. Lufcy49 S.W.2d 8 (Mo. 1932)
  4. In re Canavan130 P. 248 (N.M. 1912)

Most recent

  1. Wish v. Pacific States Life Ins.11 F. Supp. 895 (E.D. Ill. 1935)
  2. U.S. ex rel. v. Lufcy49 S.W.2d 8 (Mo. 1932)
  3. United States ex rel. First National Bank v. Lufcy49 S.W.2d 8 (Mo. 1932)
  4. In re Canavan130 P. 248 (N.M. 1912)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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