Henry Billings Brown

“ The duty of an inferior court upon receiving the mandate of this court is nowhere better described than by Mr. Justice Baldwin in an early case upon that subject (Sibbald v. United States, 12 Pet. 488, 492, 9 L. ed. 1167, 1169) : 'Whatever,' said he, 'was before the court, and is disposed of, is considered as finally settled. The inferior court is bound by the decree as the law of the case, and must carry it into execution according to the mandate. They cannot vary it or examine it for any other purpose than execution ”

“ If the special mandate directetd by the 24th section [of the judiciary act] is not obeyed or executed, then the general power given to 'all the courts of the United States to issue any writs which are necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law,' by the 14th section of the judiciary act, fairly arises, and a mandamus or other appropriate writs will go,' although an appeal will also sometimes lie. ”

“ It is equally well settled, however, that such writ, as a general rule, lies only where there is no other adequate remedy, and that it cannot be availed of as a writ of error. Re Pennsylvania Co. 137 U.S. 451, 34 L. ed. ”