Ex Parte Matter of United States
83 U.S. 699 (1872)

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U.S. Supreme Court

Ex Parte Matter of United States, 83 U.S. 16 Wall. 699 699 (1872)

Ex Parte Matter of United States

83 U.S. (16 Wall.) 699

ON MOTION BY ATTORNEY GENERAL FOR

ALTERNATIVE WRIT OF MANDAMUS

Syllabus

1. The power of the Court of Claims, under the second section of the Act of June 25, 1868, to grant a new trial in favor of the United States, if moved for within two years next after the final disposition of the suit, is not taken away by the affirmance of the judgment on appeal, and the filing in that court of the mandate of affirmance.

2. Where a court is, like the Court of Claims, composed of five judges, and a motion for a new trial of a case is argued before and submitted to four of them who, in conference, are equally divided in opinion; but the majority do not order any judgment to be announced in open court based upon such equal division, and none is so announced, and afterwards a majority of the whole court remand the motion to the law docket for reargument, the fact that two of the judges, at the time of such remanding, file their decision that the motion be denied upon the merits, does not decide the question involved in the motion, nor take away the jurisdiction of the court to hear and decide the motion upon reargument.

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