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>
Judges: Alvey
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1 case in this archive cites this case.
Cites
14 cases in this archive are cited by this case.
- Shields v. BarrowSupreme Court· 1855-02-20· cited 763×
- In Re Sanford Fork & Tool Co.Supreme Court· 1895-12-23· cited 544×
- Gaines v. RuggSupreme Court· 1893-03-20· cited 107×
- Continental Insurance v. RhoadsSupreme Court· 1886-11-29· cited 96×
- In Re Washington & Georgetown RailroadSupreme Court· 1891-04-27· cited 90×
- Supervisors v. KennicottSupreme Court· 1877-04-30· cited 80×
- Stewart v. SalamonSupreme Court· 1878-11-18· cited 80×
- Hickman v. Fort ScottSupreme Court· 1891-11-02· cited 49×
- Ex Parte Dubuque and Pacific RailroadSupreme Court· 1864-01-18· cited 40×
- City Bank of Fort Worth v. HunterSupreme Court· 1894-03-19· cited 38×
- Texas & Pacific Railway Co. v. AndersonSupreme Court· 1893-05-01· cited 28×
- Halsted v. BusterSupreme Court· 1886-12-13· cited 25×
- Mason v. Pewabic Mining Co.Supreme Court· 1894-05-14· cited 21×
- Hinckley v. MortonSupreme Court· 1881-03-21· cited 13×
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