MISSOURI ET AL.
v.
DAVEY ET AL.

U.S. | 1956-11-05
No. 13
352 U.S. 886 Supreme Court of the United States (1956) Positive Treatment
Cited by 4 cases

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  • …1949). An appellate court likewise has continuing power to accept and pass upon a petition to clarify an outstanding mandate. Bailey v. Henslee, 309 F. 2d 840 (8th Cir. 1962); Meredith v. Fair, 306 F. 2d 374 (5th Cir. 1962);14 cf. McNally v. Teets, 352 U.S. 886, 77 S.Ct. 134, 1 L.Ed.2d 923 (1956). c. Fraud on the court, or other misconduct affecting integrity of judicial process There is firmly established in the law the doctrine confirming the power of a court to set aside at any time any mandate that w…
  • United States v. Ohio Power Co., 353 U.S. 98 (U.S. 1957)
    …came effective. From then until today I have discovered but three cases in which the Court has granted rehearing out of time, all involving situations quite dissimilar to that presented here: Remmer v. United States, 348 U. S. 904; McNally v. Teets, 352 U. S. 886; Achilli v. United States, 352 U. S. 1023.17 Remmer was a criminal case which had been remanded to the lower court for further proceedings, and where the petition for [*107] rehearing raised questions which could again be brought to this Court on ce…

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