Melville Fuller

“ The general power of the circuit court over its own judgments, decrees, and orders during the existence of the term at which they are made is undeniable, and an order allowing an appeal is subject to that power so long as the appeal remains unperfected, and the cause has not passed into the jurisdiction of the appellate tribunal. ”

“ It is true that equity rule 88 provides that 'no rehearing shall be granted after the term at which the final decree of the court shall have been entered and recorded, if an appeal lies to the supreme court;' but if this petition for rehearing was filed in season, and entertained by the court, then the decree, although entered in form, did not discharge the parties from their attendance in the cause, and they were bound to follow the petition thus pending to the next term. ”

“ There is nothing to the contrary in Evans v. Bank, 134 U.S. 330, 10 Sup. Ct. Rep. 493, in which it was held that our jurisdiction may be maintained when the record on appeal has been filed here during the term to which the appeal was returnable, even though bond had not been approved and citation signed. No such state of case is presented, nor was the question of the power of the court below to set aside its order of allowance involved in that case or in others in which like rulings have been made. ”