The New York herald., 1877-08-26
UNITED STATES SUPREME COURT.

WASHINGTON. August 25, 1871.
The Uni.ed States Supreme Court has sendcrsd de-.
cisions follows:-
APPEAL FROM COURT CLAIMS cERTIoRARI-
TRIAL.
No. lla Tho United States John Young. assignee
and in bankruptcy oi Alexander ColinsApoeal
from the Court Of Claims During the pendency OF
this this the Court OF Claims, assuming to
act the authority Of section Revised Statutes
las granted trial. and the United States ask
to dismiss their appeal This have often decided
We have the right to do. (Laham's and Dcmng's
Appeals 0 Wall, 1857 In United States VS.. Ayrss.
Wall, 6lO, the motion dismiss made by the
appellee resisted by the Uinod states. but II was
held that the order granting Tho new trial has the
effect of vacatng the former judgment, and to rcndcr
1t null and void" and the appeal was consequently
dismisscd. Tho snme principle was recognized In
Un,ed States VS.. Crussci Il WALL, 1885, cx parto Rus
SELL 13 Wal 664 and ex parte United States, IL WALL,
600. The appellee asks however that the cause may be
and tbat the proceedings under which the new
trial granted may be brought here by writ OF GER
tiorar for inatiou. Unless this eau be done
he admits that the United STATES should be permitted
dismiss their appeal. Wo have only such appellate
jurisdiction US conferred by Congress, and iu
the exercise OF such been conferred wo pro-
coed ouy the manDer which The law prescrpcs.
BARRY Merccin, How, 49, Durosscau vs. United
Crancb, 3l4 states HOW,
1l3; ex parle Vaandigham, WALL, 25l.) From the
Judgments ot the Court oil Claims appeals are ALLOW ed
10 tn's Court (secton 707 Rev. stat but no provision
has been made ior writs OF error. Consequently we
cannot proceed by writ Of error TO review the dc.
cisions Uf that Court.
Al common law the writ ccriiorar Is used for two
purposcs-First as an appellate proceeding or the re-
examination OF some action oil inferior tribunal;
and second as un auxiliary process 10 enable Court
10 Obtain further Information respect TO
already before II Tor adjudication. IL Is ter the
last purpose only that the writ Is employed IN this
Court.
In the present case the writ Is asked not to bring
any part Of the record OF tue Court of CLAIMS
II existed when tue appeal was taken Out 10 obtain
new record Of q new proceeding which has been had
SINCE and by VIII ich the judgment appealed IRON has
been vacated and new lral granted III the Court be-
low he object = TO MORN not Oi what was done
before the appeal but o what has been done since Quo
action under tue appeal, however, is cohnncd 10
what was done beorc, and ~ we act ut al
upon what has been done since, II must DC III c0nsc-
uucncc OF somc Jurisdiction 10 be acquired From
what has already oocn said It Is clear that Tor such
purpose we have power TO issue the wriL The
Court Of Claims, by granting now fia mas resumed
control OF ibe cause aud the parties rms u had tne
right to do Such power may be somewhat anomal-
ous but II IS expressly gvcu and ovcry person, when
he submits himself 10 the Jurisdiction VI that Court
for the prosecution OF his claim subjects himself 10
ITS operation. lhc proceedings under whch 'he new
trial obtanou are now part oil Inc record pcow,
and ute judgment s nnally rendered may be brousht
here by appeal Tor review. Let an 0rdcr DC entered
dismissng the appeal upon the motion vi the United
stales Tho mouon for writ OF cctIorari IL deniou'
The Chief Justice delivered the opnon.
TmE NATIONAL BANNING Acr--srATE BANKS MAY BE-
CONF NATIONAL HANKS WITHOUT stain AUTHORITY.
No Is (orgipal)-Nichoius W. Casey, receiver OF
the New Orleans National Banking Association, plain
I'm, Count COlrcdo GaiL The declaration AYERS
as ioiows:-On anu before the 80 day OF Juuc 1904.
the Bank Ut New Orleans was a banking corporation
organizcd under the laws oil the state OF Louis;ann,
and such carried on The business of banking until
about the LIST day oi July 1871. when the bank. by
due proceedings under tho act OF Congress entitled
IAN provide national currency, secured by
pledge oi rnitcd states bonds. aud 10 provide Tor the
circulation and rode plOn thereof" approved Juno
1864 became national baking assocatlvn under said