Texas & Pacific Railway Co. v. Anderson

Citations

• 149 U.S. 237
• 13 S. Ct. 843
• 37 L. Ed. 717
• 1893 U.S. LEXIS 2288

Syllabus

<p>A Circuit Court of Appeals cannot review by writ of error the judgment of a Circuit Court of the United States, in execution of a mandate of this court, when the action of the Circuit Court conforms to the mandate, and there are no proceedings subsequent thereto, not settled by the terms of the mandate itself.</p> <p>The mandate in this case having stated that the receiver, against whom the action was originally brought, had been discharged and had died, and that the Railway Company had been made the party plaintiff in error, and having ordered that the plaintiff recover against the Railway Company her costs expended herein and have execution therefor, further ordered “ that such execution and proceedings be had in said cause as according to right and justice and the laws of the United States ought to be had.” Execution accordingly Issued against the company for the amount of the judgment with interest at the rate which obtained in Texas when the judgment was rendered. Held, that this action conformed to the mandate, and was not subject to review by the Circuit Court of Appeals.</p>