Noah Haynes Swayne

“ And that it should have been like the first judgment, that the plaintiff had no title to the land, &c.
We think these objections well taken, and that the judgment entered pursuant to the mandamus should have been like the prior one, simply in favor of the defendant upon the issue joined and for the costs. This proceeding is the proper one to correct the error complained of. [1] There can be no doubt of the power of the court to vacate the order of dismissal, and to reinstate the case, independently of the order contained in the writ of mandamus. ”

“ At the December Term, 1863, of this court, a writ of mandamus was issued, whereby the court below was commanded to vacate the order granting a new trial, and to enter a judgment in favor of the Railroad Company, according to the mandate sent down upon the reversal of the judgment. ”