United States Supreme Court Cases & Opinions

U.S. Supreme Court

Gregg v. Forsyth, 69 U.S. 2 Wall. 56 56 (1864)

Gregg v. Forsyth

69 U.S. (2 Wall.) 56

Syllabus

Error does not lie to a refusal of the circuit court to award a writ of restitution in ejectment.

Forsyth had brought ejectment against Gregg in the Circuit Court for Illinois, and obtained judgment for the land sued for. On writ of error taken by Gregg, this Court reversed that judgment and remitted the case with directions to issue a venire de novo. Between the time, however, that the circuit court gave its judgment of recovery and that when this Court gave its of reversal, Forsyth had been put in possession of the premises by a habere facias, and had collected, moreover, the costs of the suit.

As soon as the mandate of this Court reversing the judgment was sent down to the court below, but before it had been filed or a rule entered in pursuance of its directions, Gregg moved the court for a writ of restitution. This motion the Court refused to grant. Whereupon, a writ of error -- the present writ -- was brought.