WILLIAM CHRISTY, PLAINTIFF IN ERROR,
v.
HIRAM HENLEY
Mr. Justice CURTIS.
In this case, the fourth, sixth, seventh, eighth, ninth, and tenth pleas, are demurred to, and the demurrers are sustained for the reasons assigned in the opinion'in the cases of Christy?;. Scott, and Christy v. Young. The'judgment of the District Court is reversed, and the case remanded for further proceedings.
Order. This cause came on to be heard on the transcript of the record from the District Court of the United 'States' for the District pf Texas, and was argued by counsel. , On consideration whereof, it is now here ordered and adjudged by this cobrt, that the judgment of the said District Court in this cáuse-be, and the same is hereby, reversed, with costs, and that .this cause be,’ and the same is hereby, remanded to the said District-Court for further proceedings to be had therein, in conformity to the opinion of this court, and as to law and justice shall appertain.
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Zimmern v. United States, 298 U.S. 167 (U.S. 1936)…s vigor thus restored. Until such action had been taken it was no longer a decree at all. The judge had plenary power while the-term was in existence [*170] to modify his judgment for error of fact or law or even revoke it altogether. Doss v. Tyack, 14 How. 297, 313; Basset v. United States, 9 Wall. 38, 41; Bronson v. Schulten, 104 U. S. 410, 415; Henderson v. Carbondale Coal & Coke Co., 140 U. S. 25, 40. Finality was lacking until his choice had been announced. The appeals being timely, the decree which…
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S. Utah Mines & Smelters v. Beaver Cnty., 262 U.S. 325 (U.S. 1923)…ule is that during the [*330] term the record is “ in the breast of the court ” and may be altered during that time in its discretion as justice may require. Goddard v. Ordway, 101 U. S. 745, 752; Ayres v. Wiswall, 112 U. S. 187, 190; Doss v. Tyack, 14 How. 297, 312; Barrell v. Tilton, 119 U. S. 637, 643; Basset v. United States, 9 Wall. 38, 41. That rule is applicable here and the motion to dismiss is accordingly denied. The state constitution plainly contemplates that all property irrespective of its c…
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Henderson v. Carbondale Coal & Coke Co., 140 U.S. 25 (U.S. 1891)…he court erred in granting a rehearing to the receiver. The rehearing was granted at the same term; and it is familiar law that a court of equity has full power over its orders and decrees during the term in which they are entered. In Doss v. Tyack, 14 How. 297, 313, this, court said: “ The court, in vacating the decree, were correcting an error both of fact and of law; and, during the term at which it was rendered, they had full power to amend, correct or vacate it, for either of these reasons.”’- And in…
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