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· 4/30/1881

Ex parte Dial

Citations

  • 14 S.C. 584
  • 1881 S.C. LEXIS 27

Syllabus

<p>1. After the remittitur has been sent to the court below, this court has no jurisdiction of a petition for a re-hearing of the appeal.</p> <p>2. The reasoning of this court constitutes no part of the judgment itself, which, in every case, is simply an order of affirmance, modification or reversal; and, therefore, when the judgment appealed from is affirmed, a remittitur, which states that the judgment of the Circuit Court is affirmed, is a correct transcript of the judgment of this court.</p> <p>3. A judgment rendered by this court after full argument, should not be disturbed under petition for re-hearing, except for the strongest reasons.</p> <p>4. Dial v. Gai~y, ante p. 573, affirmed.</p>

Judges: McGowan, McIver, Simpson

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