United States Supreme Court Cases & Opinions

U.S. Supreme Court

Coughlin v. District of Columbia, 106 U.S. 7 (1882)

Coughlin v. District of Columbia

Decided October 30, 1882

106 U.S. 7

Syllabus

1. After the adjournment without day of a term, whereat a final judgment on a verdict was rendered by one justice of the Supreme Court of the District of Columbia and an appeal taken therefrom to the general term, but no bill of exceptions or case stated filed, a new trial cannot be granted upon a case stated filed by him at a subsequent term.

2. When a verdict and a judgment for the plaintiff were wrongly set aside, and the error appears of record, he may, without a bill of exceptions, avail himself of it upon a writ of error to reverse a final judgment afterwards rendered against him.

3. When a judgment for the plaintiff in a personal action was erroneously set aside and a subsequent final judgment against him is brought up by writ of error, pending which he dies, this Court will affirm the first judgment nunc pro tunc.

The case is stated in the opinion of the Court.