Smale v. Mitchell

Citations

• 143 U.S. 99
• 12 S. Ct. 353
• 36 L. Ed. 90
• 1892 U.S. LEXIS 2012

Syllabus

<p>The provision in the statute of Illinois, (Rev. Stats, c. 45, §• 35,) that “ at anytime within one year after a judgment, either upon default or verdict, in the action of ejectment, the party against whom it is rendered, his heirs or assigns, upon the payment of all costs recovered therein, shall be entitled to have the judgment vacated, and a new trial granted in the the cause ” applies to such a judgment rendered in a Circuit Court of the United States, sitting within that State, on a mandate from this court in a case commenced in a court of the State of Illinois, and removed thence to the Circuit Court of the United States.</p> <p>Ex parte Dubuque & Pacific Railroad, 1 Wall. 69, distinguished from this case.</p>