Marks

Marks v. Brown

Good Law
136 F. 168·2 Alaska Fed. 334·69 C.C.A. 80·1905 U.S. App. LEXIS 4441
United States Court of Appeals for the Ninth CircuitFebruary 6, 1905No. 1,121California1,398 words

Opinion

Lead Opinion

Hawley, J.

This is a petition for a writ of mandamus to compel the District Judge of Alaska, Division No. 1, to vacate a judgment entered by him July 22, 1904, and to enforce the judgment rendered by him in the case of Antone Marks v. James M. Shoup, as United States marshal for Alaska. The original judgment in the District Court of Alaska in favor of Marks was for the sum of $3,390.35, with costs, and bore interest at the rate of 8 per cent, per annum. From this judgment an appeal was taken to this court, and the judgment was thereafter affirmed and a mandate issued. Upon receipt of the mandate the District Court of Alaska entered a judgment in strict accordance therewith. After the expiration of the term it was discovered that the judgment improperly included an item of $258. Upon this discovery being made, counsel for Sharp moved the court “that the said judgment be reduced in the sum of $258, with interest thereon from the 10th day of May, 1898, at the rate of eight per cent, per annum, to the said 5th day of May, 1903. This motion is based upon the records and *336 t files herein, and upon the accompanying affidavits, and is made on account, of an error in the computation of the amount…

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