Mason v. Pewabic Mining Co.

Citations

• 153 U.S. 361
• 14 S. Ct. 847
• 38 L. Ed. 745
• 1894 U.S. LEXIS 2189

Syllabus

<p>This court has no jurisdiction over an appeal from a judgment of a Circuit Court denying the application of counsel for a solicitor’s allowance out of a fund realized from a sale made under direction of that court in execution of a mandate of this court, the appeal being taken after July 1, 1891, and not being taken under the provisions of section 5 of the Judiciary Act of March 3, 1891, c. 517.</p> <p>When a mandate of this court has been misconstrued or disregarded by a Circuit Court, the'proper remedy now is by mandamus; but in this case the Circuit Court was at liberty to consider the application for an allowance, and its action in that regard was open to review in the Circuit Court of Appeals.</p>