United States v. Thomas Tingey's Administrators

*United States v. Thomas Tingey’s Administrators. Withdrawal of demurrer, after affirmance. The court will not, on the motion of the plaintiff in error, instruct the circuit court to permit him to withdraw his demurrer, after an affirmance of the judgment of the circuit court; although this might have been done, had the judgment been reversed. ,Sioann, of counsel for the plaintiff in error in this cause, moved the court to amend the judgment entered in this cause, by instructing the court below to permit him to withdraw his demurrer : On consideration whereof, this court is of opinion, that although this might have been done, upon a reversal, yet it cannot be done, where the judgment of the court has been affirmed, as this court cannot disaffirm its judgment. [MAJORITY] Whereupon, it is ordered by the court, that the said motion be and the same is hereby overruled.