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SMALE v. MITCHELL

No. 1418.

143 U.S. 99 (1892)

12 S.Ct. 353

36 L.Ed. 90

SMALE, v. MITCHELL.

Supreme Court of United States.

Decided February 1, 1892.

Attorney(s) appearing for the Case

Mr. William C. Goudy for Smale and others. Mr. John I. Bennett was with him on the brief.

Mr. S.S. Gregory for Mitchell. Mr. William M. Booth and Mr. James S. Harlan were on his brief.

Mr. William Prescott filed a brief for Mitchell.

Mr. Thomas Dent, by leave of court, filed a brief for Gertrude Hardin, plaintiff in Hardin v. Jordan, 140 U.S. 371, who was interested in the question in this case.

MR. JUSTICE FIELD, after stating the case, delivered the opinion of the court.

The contention of the plaintiffs in error, the defendants below, is that the mandate of the Supreme Court was fully obeyed when, in pursuance thereof, judgment was entered in the Circuit Court, and that they have the same right after the entry of that judgment to a new trial, according to the provisions of the statute of Illinois, which they would...

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