Favour

Favour v. Hill

Good Law
136 F.2d 489·1943 U.S. App. LEXIS 3078
United States Court of Appeals for the Ninth CircuitJune 21, 1943No. 9847California322 words

Opinion

Lead Opinion

Denman, J.

Petitioners seek to have us make what they call a “directive” to the district court or “other order” requiring obedience to our mandate to that court. Favour v. Hill, 123 F.2d 77 . Our mandate ordered the allowance of petitioners’ claim in a receivership proceeding, the claim being for “$1,000.00, with interest at 6% from January 1, 1934, until paid, • together with $38.61 costs.”

Petitioners’ petition sets forth an order of the district court denying a petition to that court to have the claim, which clearly included interest from January 1, 1934, allowed as including such interest. No reason is given in the order complained of for not following the requirement of the mandate. Respondent’s objections do not deny the allegations concerning the action by the district court.

Petitioners’ petition here shows no more than such denial by the district court of their petition there. It does not show what order, if any, was entered pursuant to the mandate. When entered it is a final judgment from which petitioners have the right to appeal if the mandate is not followed, or to seek our writ of mandamus in aid of our appellate jurisdiction, exercised in our decision and mandate to the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.