Himely v. Rose
Decision Date | 01 February 1809 |
Citation | 3 L.Ed. 111,9 U.S. 313,5 Cranch 313 |
Parties | HIMELY v. ROSE |
Court | U.S. Supreme Court |
A decree having been formerly rendered in this cause, the court is now to determine whether that decree has been executed according to its true intent and meaning.
That decree directed 'the cargo of the Sarah to be restored to the original owners, subject to those charges of freight, insurance and other expenses which...
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United States v. Kennedy
...Ex'rs v. Grundy, 34 U.S. (9 Pet.) 275, 9 L.Ed. 127 (1835); The Santa Maria, 23 U.S. (10 Wheat.) 431, 6 L.Ed. 359 (1825); Himely v. Rose, 5 Cranch 313, 3 L.Ed. 111 (1809)); see also28 U.S.C. § 2106; In re Sanford Fork & Tool Co., 160 U.S. 247, 255, 16 S.Ct. 291, 40 L.Ed. 414 (1895). As the C......
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State v. Morton, 94,815.
...(quoting 5 Am.Jur.2d, Appellate Review § 605). The doctrine was first stated by the United States Supreme Court in Himely v. Rose, 9 U.S. (5 Cranch) 313, 3 L.Ed. 111 (1809) (court will not revisit issues finally decided by it in previous appeal), and Skillern's Ex'rs v. May's Ex'rs, 10 U.S.......
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Gohman v. City of St. Bernard
...from the list of those which adhere to the doctrine. [Ohio St. 740]The earliest federal case is Himely v. Rose, 9 U. S. (5 Cranch) 313,3 L. Ed. 111, decided in 1809, the opinion having been delivered by Chief Justice Marshall. The report is very brief, but it does appear that there was a fo......
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Briggs v. Pennsylvania Co
...held that an inferior court has no power or authority to deviate from the mandate issued by an appellate court. Himely v. Rose, 5 Cranch 313, 3 L.Ed. 111; The Santa Maria, 10 Wheat. 431, 6 L.Ed. 359; Boyce's Executors v. Grundy, 9 Pet. 275, 9 L.Ed. 127; Ex parte Sibbald v. United States, 12......
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