Goddard v. Ordway, 101 U.S. 745 (1879)
U.S. Supreme CourtGoddard v. Ordway, 101 U.S. 745 (1879)
Goddard v. Ordway
101 U.S. 745
The Supreme Court of the District of Columbia affirmed a decree and allowed an appeal therefrom which was not perfected. A motion, whereof the adverse party had due notice, was thereupon made and entered on the minutes to vacate the affirmance and grant a reargument. Not having been acted upon, it was, by the general course and practice of the court, continued as unfinished business.
1. That the motion prolonged the suit, and the parties thereto were in court until it should be finally disposed of.
2. That under such circumstances it was competent for the court at the ensuing term to grant the motion, vacate the allowance of an appeal to this Court, and pass a decree of reversal.