Green v. City of Stuart

Fifth Circuit

Green v. City of Stuart

101 F.2d 309, 1939 U.S. App. LEXIS 4375

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 18, 1939

DocketNo. 8843

StatusPublished

This text of 101 F.2d 309 (Green v. City of Stuart) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Green v. City of Stuart, 101 F.2d 309, 1939 U.S. App. LEXIS 4375 (5th Cir. 1939).

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Opinion

PER CURIAM.

On the last appeal of this case to this court, 91 F.2d 603, the mandate was “that the judgment of the District Court in this’ cause be, and the same is hereby, reversed, and that this cause be and it is hereby remanded to the said District Court with directions to dismiss the suit for want of jurisdiction.” This the District Court did, but in addition it ordered set aside a judgment which had previously been entered in the District Court after a reversal by this court. 81 F.2d 968. The judgment in the District Court of dismissal for lack of jurisdiction was in accordance with the mandate, and presents no possible error. The additional order setting aside the prior proceedings in the case, while not directed by this court, was a necessary consequence of it. The District Court, having no jurisdiction, could not possibly have rendered any binding judgment. It was proper for the District Court so to declare,, and to expunge from its records the judgment improperly entered.

Judgment affirmed.

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PER CURIAM.

On the last appeal of this case to this court, 91 F.2d 603, the mandate was “that the judgment of the District Court in this’ cause be, and the same is hereby, reversed, and that this cause be and it is hereby remanded to the said District Court with directions to dismiss the suit for want of jurisdiction.” This the District Court did, but in addition it ordered set aside a judgment which had previously been entered in the District Court after a reversal by this court. 81 F.2d 968. The judgment in the District Court of dismissal for lack of jurisdiction was in accordance with the mandate, and presents no possible error. The additional order setting aside the prior proceedings in the case, while not directed by this court, was a necessary consequence of it. The District Court, having no jurisdiction, could not possibly have rendered any binding judgment. It was proper for the District Court so to declare,, and to expunge from its records the judgment improperly entered.

Judgment affirmed.

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Bluebook (online)

101 F.2d 309, 1939 U.S. App. LEXIS 4375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-city-of-stuart-ca5-1939.

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