Johnson v. Lattimore

Jun 15, 1844
Reporters:
Before:
Goldthwaite
GOLDTHWAITE, J.

— The writ of error in this case must be dismissed, because ‍​‌​‌‌‌​‌‌​‌​‌​​​​​‌‌​‌‌‌​‌​​‌‌‌‌‌​​​​‌​‌‌‌​‌​‌​‌‌​​‌​​​‌‌​‌​‌‌‌​‌​​​‌‌‌‌‌​‌‌​‌‌‌‌‌​​‌‌​​​‌‌​‌​​​‍there is nothing for it to remove to this Court. The power of a Court to set aside its own judgments at the term at ‍​‌​‌‌‌​‌‌​‌​‌​​​​​‌‌​‌‌‌​‌​​‌‌‌‌‌​​​​‌​‌‌‌​‌​‌​‌‌​​‌​​​‌‌​‌​‌‌‌​‌​​​‌‌‌‌‌​‌‌​‌‌‌‌‌​​‌‌​​​‌‌​‌​​​‍which they are rendered has never been disputed. It may be that here, the Court became satisfied that the evidence upon which it acted was ‍​‌​‌‌‌​‌‌​‌​‌​​​​​‌‌​‌‌‌​‌​​‌‌‌‌‌​​​​‌​‌‌‌​‌​‌​‌‌​​‌​​​‌‌​‌​‌‌‌​‌​​​‌‌‌‌‌​‌‌​‌‌‌‌‌​​‌‌​​​‌‌​‌​​​‍unsatisfactory or not sufficient to allow the amendment; or it might have considered the amendment as immaterial, and for that reason unnecessary. Whatever may ‍​‌​‌‌‌​‌‌​‌​‌​​​​​‌‌​‌‌‌​‌​​‌‌‌‌‌​​​​‌​‌‌‌​‌​‌​‌‌​​‌​​​‌‌​‌​‌‌‌​‌​​​‌‌‌‌‌​‌‌​‌‌‌‌‌​​‌‌​​​‌‌​‌​​​‍have been the reasons which induced the Court to retrace its action and recall its judgment, its effect was to leave the case as it ‍​‌​‌‌‌​‌‌​‌​‌​​​​​‌‌​‌‌‌​‌​​‌‌‌‌‌​​​​‌​‌‌‌​‌​‌​‌‌​​‌​​​‌‌​‌​‌‌‌​‌​​​‌‌‌‌‌​‌‌​‌‌‌‌‌​​‌‌​​​‌‌​‌​​​‍originally stood, and consequently there is nothing to review. Writ of error dismissed.