Lynn v. McCue

Citations

• 99 Kan. 400

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Equitable Action — Appeal—Jurisdiction of Trial Court to Interpret Mandate — Retrial—Appeal too Late — Mandamus—Writ Denied. A decision was given upon an appeal in a complicated, equitable action which involved controversies of a complex character between a number of parties holding conflicting claims. The judgment was affirmed in part and reversed in part, directions being given as to the trial of the undetermined.issues. When the mandate was spread of record .and the case was again brought before the trial court that court was vested with jurisdiction and power to interpret the decision and mandate of the supreme court which, it is held, were fairly open to interpretation, and it's interpretation of the decision as well as its rulings and judgment in the second trial, however erroneous, can not be regarded as absolutely void,' but must be treated as errors to be corrected on appeal, and can not be corrected by a proceeding in mandamus.</p>