The Court denied the motion, being of opinion that it was too late to grant a rehearing in a cause after it had been remitted to the Court below, to carry into effect the decree of this Court, according to its mándate; and that a subsequent appeal from the Circuit Court, for supposed error in.carrying into effect such mandate, brought up only the proceedings subsequent to the mandate, and did not authorize an inquiry into the merits of the original decree.
Motion denied.
He cited 2 Madd. Chan. 390, 3 P. Wms. 8. 2 Atk. 439.