Thompson v. Maxwell Land Grant & Railway Co.

Citations

• 168 U.S. 451
• 18 S. Ct. 121
• 42 L. Ed. 539
• 1897 U.S. LEXIS 1739

Syllabus

<p>That which has been decided on one appeal or writ of error, cannot be reexamined on a'second appeal or writ of error, brought in the same suit.</p> <p>Whenever a case comes from the highest court of a State for review, and, by statute or settled practice in that State, the opinion of the court is a part of the record, this court may examine such opinion for the purpose of ascertaining the grounds of the judgment.</p> <p>Although the judgment and the mandate in a given case in this court express its decision, it may examine the opinion for the purpose of determining what matters were considered, upon what grounds the judgment was entered, and what has become settled, for the future disposition of the case.</p> <p>In the former decision of this case, 95 U. S. 391, the decree was reversed on the ground that the bill, as it stood, was technically, a bill of review; but it was further decided that certain matters then in issue were sufficiently and effectually determined by the proofs already in, and the reversal did not throw open the case for additional proofs upon such matters.</p> <p>An infant is ordinarily bound by acts done in good faith by his solicitor or counsel in the course of the suit, to the same extent as a person of full age; and a decree made in a suit in which an infant is a party, by consent of counsel, without fraud or collusion, is binding upon the infant ^nd cannot be set aside by rehearing, appeal or review.</p> <p>A compromise made in a pending suit which appears to the court to be for the benefit of an infant, party to the suit, will be confirmed without reference to a master; and, if sanctioned by the court, cannot be afterwards set aside except for fraud.</p>