Ex parte Mansfield

Citations

• 11 App. D.C. 558
• 1897 U.S. App. LEXIS 3148

Syllabus

<p>Pleading; Amendment; Appeal; Judgment on Mandate; Mandamus.</p> <p>1. To strike out the entire substance of a declaration, which does not present a case within the jurisdiction of the court, and to insert a different cause of action, though relating to the same subject-matter, is not properly an amendment, but is in effect a new action, and is not allowable.</p> <p>2. Where on appeal a judgment has been reversed on the ground that the trial court was without jurisdiction because of the amount in controversy, and the cause remanded in order to „ allow the plaintiff to enter a nonsuit, or upon failure to do so, directing the trial court to dispose of the case in a manner not inconsistent with the opinion of the appellate court, the trial court can not properly allow an amendment of the declaration so as to set up a different cause of action than that set up in the original declaration, although relating to the same subject-matter.</p> <p>3. If the trial court mistakes or misconstrues a decree of this court, and does not give full effect to the mandate, its action may be controlled either upon a new appeal or by a writ of mandamus to execute the mandate of this court.</p>