Y. G. Rust, survivor of Sims & Rust, petitioner, vs. G. W. Garmany, Agent of The Mechanics and Loan Aso ciation

Y. G. Rust, survivor of Sims & Rust, petitioner, vs. G. W. Garmany, Agent of The Mechanics and Loan Asociation. When a case has been heard and decided in this Court, (the Court having jurisdiction of the parties and the subject matter as provided by law,) its judgment is final and conclusive as to the rights of the parties in that case, and a re-hearing will not be allowed. Petition for re-hearing in Supreme Court. George W. Garmany, as agent of the Mechanics and Loan Association, was plaintiff in error against this petitioner, seeking to set aside a decision of Judge Vason, made in November, 1866, in a possessory warrant for fifty-four bales of cotton. The case was returnable to December Term, 1866, of this Court, and at that term the judgment below was reversed. Now comes the petitioner and avers that the bill of exceptions in that case, did not contain all the facts material to a clear understanding of the cause; that this Court mistook the application of the facts which it did contain, to the law of the case; and prays this Court to re-examine the premises, and reverse its said judgment. Lyons, DeGbaffenbeid & Shobteb, for petitioner. No appearance for the defendant. [MAJORITY — Vaenee, C. J.] Vaenee, C. J. This is an application for the re-hearing of a cause heard and décided by this Court at the last December term, 1866, upon the alleged ground that the bill of exceptions then before the Court, did not contain all the facts material to a clear understanding of the case; and that this Court mistook the application of the facts which it did contain, to the law of the case. If the bill of exceptions did not contain all the facts, the party had his remedy, if any, when the case was before the Court at the former term. It is too late to complain now. When a cause has been heard before this Court and decided by it, (the Court having jurisdiction of the parties and the subject matter as provided by law,) its judgment is final and conclusive, as to the rights of the parties in that case; and a re-hearing thereof upon the alleged ground that the Court mistook the application of the facts to the law of the case, will not be allowed. Let the application for re-hearing be dismissed.