An appeal was taken from the court below by appellant under an
incorrect description, not corresponding with the title in the
court below. Under this incorrect title, proceedings were conducted
to final judgment here and a mandate issued. That mandate is now
recalled and a new one issued conforming the title and description
to those in the court below.
This was a motion to correct an error in the mandate issued on
the judgment reported in
Killian v. Ebbinghaus,
110 U. S. 568.
MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.
This suit was brought against the trustees of the German
Evangelical Concordia Church, then in possession of the premises in
dispute. They answered by that name, setting up their title to the
property and their claim to the possession. The record shows a
notice by Ebbinghaus, the appellee and complainant
Page 111 U. S. 799
below, to the trustees of the German Evangelical Lutheran
Concordia Church. The final decree was against the
"trustees or authorities of the said Concordia Church, whether
under the name of the trustees of the German Evangelical Concordia
Church or under the name of the trustees of the German Lutheran
Evangelical Concordia Church."
The trustees appealed, but in their appeal bond they described
themselves as trustees of the German Lutheran Evangelical Concordia
Church. The case was entered here promptly, and docketed in the
name of
John G. Killian et al., Trustees of the German Lutheran
Evangelical Concordia Church, Appellants v. John W. Ebbinghaus,
Trustee. Both parties appeared and argued the case, as
presented by the record, on its merits. No objection was made to
the form of the appeal. A mandate which was sent to the court below
described the appeal as "taken by John G. Killian
et al.,
trustees of the German Lutheran Evangelical Concordia Church." As
in this there was error, the mandate has been recalled and we now
order that a new mandate issue describing the cause below as
between John W. Ebbinghaus, trustee, complainant, and John G.
Killian
et al., trustees of the German Evangelical
Concordia Church, and August Sievers
et al., trustees of
the First Reformed Church, defendants (Equity, No. 5,688), and the
appeal as "taken by John G. Killian
et al., trustees of
the German Evangelical Concordia Church."
It is so ordered.