Mahler v. Animarium Co.

Citations

• 129 F. 897
• 64 C.C.A. 329
• 1904 U.S. App. LEXIS 4103

Syllabus

<p>1. Decree — Impeachment—Denial or Authority or Counsel.</p> <p>Duly authorized counsel instituted a suit for the complainant, during the progress of which an order of severance was made, and leave was given to file a new bill against certain of the defendants, which was done. The cause on such bill proceeded to a decree in complainant’s favor, which was reversed on appeal, being conducted throughout by the same counsel. Held, that complainant could not challenge the validity of the decree of the appellate court on the ground that the trial court was without power to make the order of severance, and consequently the subsequent proceedings thereunder constituted a new suit, in which the counsel thereafter appearing had no authority to represent it without a new and express employment.</p> <p>2. Same — Power oe Court to Set Aside.</p> <p>A decree, although final, remains under the control of the court during the term at which it was rendered; and where the court suspended the entry of a decree which had been previously signed, but not entered on the journal, and proceeded thereafter to reform the pleadings and hear the cause anew, with the acquiescence of the parties, such decree is of no validity, although it was by mistake filed by the clerk.</p>