Savage

Petitioner Savage seeks a writ of mandamus to require the district court to set aside its order respecting compliance with our opinion and decision in the appeal in this case (Savage v. Lorraine, 148 F.2d 818 ) on the ground that the order is in violation of that decision.

On that appeal we affirmed the judgment of the district court which -held, inter alia, that upon the tender by Lorraine to Savage of the sum of $14,275, Savage was to have delivered to him a certificate for 50,000 shares of stock of -the Lorraine Corporation, being a part of 600,472.65 shares standing in Savage’s name. The balance of 550,472.65 was to be transferred to Lorraine.

On January 13, 1944, after the judgment of the district court, there was tendered on Lorraine’s behalf to Savage $14,275 which Savage refused on the ground that it was Lorraine’s money on which there was a tax lien in excess of that amount. Thereupon a cashier’s check was purchased with these funds and handed to the clerk of the district court to be held as belonging to Savage. Savage, pursuant to the order of the court, deposited with the clerk the certificates for the 600,472.65 shares in the Lorraine Corporation above described.

On…