Hickman v. Ft. Scott

The court made a special finding of facts, and gave judgment in favor of Hickman for $26,385.23. Upon writ of error to this court that judgment was reversed, November 3, 1884, and the cause was remanded, with direction to enter a judgment for the plaintiff on one bond, No. 78, for $500, with proper interest, less a credit paid of $200, November 8, 1875, and, in respect to all the other bonds in suit, to enter judgment for the city with costs. Ft. Scott v. Hickman, 112 U.S. 150, 160, 165, 5 Sup. Ct. Rep. 56.

A petition for rehearing was filed in this court, asking a reconsideration of its judgment to the extent, at least, of ordering a ventire de novo or a reargument of the case. That petition was overruled.

On the 3d of February, 1885, the present proceeding was instituted by a petition filed in the court below by Hickman against the city of Ft. Scott. Its general object was to obtain 'a new trial on account of gross and vital errors in the finding of facts;' and also to have the record amended 'by allowing certain findings of facts to appear, some of which findings were unavoidably and others accidentally omitted.' The petition, among other things, states: 'It is desired only that the record should be so amended as to state as well as import the truth, and that the plaintiff should have an opportunity of having the actual facts of the controversy taken into consideration by this court, and, if necessary, by the supreme court, before the matter finally passes in rem judicatam. The decision of the supreme court was based upon an imperfect and erroneous report of the cause, and all that the plaintiff now desires to do is to have the record placed in such shape that the truth may be judicially ascertained before final judgment against him.'

The petition sets forth the particular facts which, it is alleged, do not sufficiently appear in the findings, and prays that the plaintiff may be allowed to make proof of them, 'and that the omissions and mistakes in the findings of fact hereinbefore stated be supplied and corrected, to the end that the record of said cause may be a true record, before judgment is entered in pursuance of said mandate; or, if such judgment is first entered, then that such judgment may be opened and a new trial ordered.'

The mandate of this court was issued February 19, 1885, and was filed in the court below. A judgment in conformity with it was entered by the circuit court on the 2d of March, 1885. Subsequently, the application to amend the record, as prayed for in the petition, was overruled, and an order to that effect was entered. From that order the present writ of error was prosecuted.

Wayne Mac Veagh and A. H. Wintersteen, for plaintiff in error.

J. D. McCleverty, for defendant in error.

Mr. Justice HARLAN, after stating the facts in the foregoing language, delivered the opinion of the court.