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NORTHWESTERN FUEL CO. V. BROCK, 139 U. S. 216 (1891)

U.S. Supreme Court

Northwestern Fuel Co. v. Brock, 139 U.S. 216 (1891)

Northwestern Fuel Company v. Brock

No. 1159

Submitted March 2, 1891

Decided March 16, 1891

139 U.S. 216




The judgment in this case was reversed in this Court for want of jurisdiction in the circuit court, 130 U. S. 130 U.S. 341. The reversal was accompanied by an order that the defendants recover their costs in this Court and have execution therefor, and the cause was remanded to the circuit court for further proceedings. Upon filing the mandate in the Circuit Court, the defendants moved that they have judgment against the plaintiff for their costs in this Court, and for the costs of the transcript from the circuit court, and that execution issue therefor. The defendants, alleging in their motion that certain sums had been collected on the judgment, also moved for a summary inquiry as to the amount, and that they have judgment for the same, with interest, and they having proved that there was collected by the plaintiff upon the judgment, by supplementary proceedings in aid of the execution thereon, the sum of $629.23, the court rendered judgment that the defendants recover that sum with interest and costs, and that the action be dismissed for want of jurisdiction as to the subject matter of the suit. Held that the circuit court had jurisdiction to correct by its own order that which, according to the judgment of this Court, it had no authority to do in the first instance, and that the judgment should be affirmed.

The case, as stated by the Court, was as follows:

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