United States Supreme Court Cases & Opinions

U.S. Supreme Court

Wylie v. Coxe, 55 U.S. 14 How. 1 1 (1852)

Wylie v. Coxe

55 U.S. (14 How.) 1

Syllabus

An appeal will not lie to this Court from a refusal of the court below to open a prior decree and grant a rehearing. The decision of this point rests entirely in the sound discretion of the court below.

The case of Brockett v. Brockett, 2 how. 210, explained.

Two appeals having been taken, one from the original decree and the other from the refusal to open it, the latter must be dismissed and the case stand for hearing upon the first appeal.

A motion for a mandate upon the court below, to carry the decree into execution, overruled.

This case was brought before the Court upon the following motion:

"The appellee in this case moves the Court to dismiss the second appeal in this record from the order of the circuit court overruling a motion to open the decree and grant a rehearing. And also to award a writ of procedendo commanding the said circuit court to proceed and execute the first decree."

"RICHARD S. COXE, In pro. per."

"Dec. 22, 1852."