United States v. Knight's Administrator (66 U.S. 488)

This cause (a California land claim brought here on appeal by the United States from the decree of the District Court) was reached on the docket at the present term, was called in its regular order, and was argued by counsel on both sides; the opinion of the court upon it was delivered, and a decree pronounced, that the decree of the District Court be reversed and the cause remanded, with directions to dismiss the petition of the claimant. (See ante, p. 227.)

At a subsequent day of the term, Mr. Reverdy Johnson, for the claimant, moved the court so far to modify its order entered therein, as to remand the cause to the court below for further evidence and proceedings, and offered in support of the motion sundry affidavits to show by this new testimony that the court had fallen into error in some conclusions of fact stated in the opinion, and also that some of the testimony was not within the knowledge or power of the appellee when the case was heard in the District Court, but has been discovered since.

Mr. Black, for the United States, hoped the court would relieve him from the duty of making an argument on the motion; thought that it ought not to be heard at all, and gave his reasons for that opinion.

Mr. Johnson maintained the propriety and regularity of the motion, and respectfully insisted on his right to be heard.

Mr. Chief Justice TANEY.