Bank of Kentucky v. Wistar

Mr Vinton moved to amend the judgment of this court rendered in this cause at the January term of 1829; 2 Peters, 318; by giving to the defendants in error, damages on the judgment at the rate of six per centum per annum, and that the judgment of the court be so reformed.

Mr Vinton stated, that the mandate, though issued, had never been presented to the circuit court, and it was now in this court. Under these circumstances, and as the omission was a mere clerical error, he hoped the motion would prevail.

Mr Bibb, for the plaintiffs in error, objected to the amendment being made, as the whole subject was res adjudicata at the last term; and was not now to be opened. The mandate is a solemn act of the court; it passes under the view of the court, and is the proceeding of the court. The omission it is asked to correct was not a clerical misprison. If, in the course of adjudication in this court, an act of congress should not have been adverted to, would the court, at a subsequent term, open their judgment to correct the error which existed from their disregard of the act? The rules of court are not of higher sanction; and if in the issuing of the mandate that rule which allows interest has not been applied, the court will not go back to reform what has passed into judgment. Such a proceeding would expose the court and suitors to great inconvenience, and be productive of frequent injustice.

Mr Chief Justice MARSHALL delivered the opinion of the Court.