Nathan Clifford

“ Where the subordinate court commits any substantial error in executing the mandate of the Supreme Court, it is well-settled law that a second writ of error or appeal, as the case may be, will lie to correct the error, and to cause the mandate to be executed according to its tenor and effect. [2]
Ejectment was brought on the 13th of June, 1859, by the present defendants, or one of them and the testator of the other two, in the District Court of the United States for that district, to recover the possession of certain lands described in the petition filed in that court on that day. ”

“ Nothing can be more certain, in legal decision, than the proposition that an application to supply a lost writ, declaration, or other pleading, if accompanied by proof of loss, is in general addressed to the discretion of the court, and it is well-settled law, that decisions which rest in the discretion of a court of original jurisdiction, cannot be re-examined in an appellate court upon a writ of error. ”