Melville Fuller

“ Applications for leave to file petitions requiring the judges of the court of claims to show cause why writs of mandamus should not be issued directing them to hear, try, and adjudge the motions for new trial, having been presented to this court, leave was granted, and rules to show cause were entered thereon, to which the respondents made answer that the motions were overruled because the court had no jurisdiction to consider the same, as the statute required motions for new trials to be made within twenty days after the rendition of judgment. ”

“ We concur in this view. It seems to us clear that the relief contemplated by § 1088 was in respect of matters of fact whereby some fraud, wrong, or injustice had been done to defendants. Indeed, the section provides that such new trials shall be granted 'upon such evidence, cumulative or otherwise, as shall satisfy the court that any fraud, wrong, or injustice in the premises had been done.' Ex parte Russell, 13 Wall. ”