Ex parte Dunovant

Citations

• 16 S.C. 299
• 1881 S.C. LEXIS 156

Syllabus

<p>1. The time at which this court loses its jurisdiction of a cause is determined by the proper issuing of the remittitur by the clerk of the Supreme Court, and not by its filing or receipt by the clerk of the Circuit Court.</p> <p>2. Filing a full copy of the opinion of this court with the clerk of the court below causes this court to part with its jurisdiction of the case.</p> <p>3. The filing in this court of a petition for rehearing does not, of itself, operate as a stay of remittitur. There must be an order of stay from one of the justices.</p> <p>4. Clerical errors in the title of a case and the misspelling of a word — mistakes which were not misleading — do not invalidate a remittitur.</p> <p>5. A party loses his right to a rehearing in this court, where he fails to make his application at the proper time and in the proper manner.</p> <p>6. Wheré a petition for rehearing is based upon alleged errors committed by this court in the conclusions drawn from the testimony, or upon after-discovered evidence, the petition will be refused.</p> <p>7. This court cannot, under the constitution, consider a question of rehearing upon the ground of after-discovered evidence, until the matter has been passed upon on Circuit and brought here by appeal.</p>