A petition for a rehearing cannot be filed after the term at
which the judgment was rendered.
This case was, on appeal from the Circuit Court of the United
States for the District of Iowa, determined at the last term. It is
reported in 101 U. S. 101
MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.
A petition for rehearing after judgment, under the rule
promulgated in Public Schools v.
9 Wall. 603, cannot be filed except at the
term in which the judgment was rendered. In Hudson & Smith
7 Cranch 1, a motion was made at the February
Term, 1812, for a rehearing in a case decided two years before; but
the Court said "the case could not be reheard after the term in
which it was decided." At the end of the term, the parties are
discharged from further attendance on all causes decided, and we
have no power to bring them back. After that, we can do no more
Page 102 U. S. 108
any clerical errors that may be found in the record of what we
In Brown v.
14 How. 25, where the practice in respect
to orders for rearguments was first formally announced, the rule in
this particular was not extended, for Mr. Chief Justice Taney was
careful to say that the order for reargument might be made after
judgment, provided it was entered at the same term, and the same
limitation is maintained in United States v. Knight's
1 Black 488. Down to that time, such
an order could be made only on the application of some member of
the Court who concurred in the judgment, and this continued until
Public Schools v. Walker, supra,
when leave was given
counsel to submit a petition to the same effect. In all other
respects, the rule is now substantially the same as it was before