Aspen Mining & Smelting Co. v. Billings

Citations

• 150 U.S. 31
• 14 S. Ct. 4
• 37 L. Ed. 986
• 1893 U.S. LEXIS 2345

Syllabus

<p>An'order allowing an appeal to this court is, so long as the appeal remains unperfected and the cause has not passed into the jurisdiction of the appellate tribunal, subject to the general power of a Circuit Court over its own judgments, decrees, and orders during the existence of the term at which they are made,</p> <p>Evans v. State Bank, 134 U. S. 330, distinguished from this case.</p> <p>If a motion' or petition for rehearing is made or presented in season and entertained by the court, the time limited for a writ of error or appeal does not begin to run until the motion is disposed of.</p> <p>No appeal lies to this court from a judgment of a Circuit Court in execution of a mandate of the Circuit Court of Appeals.</p>