
    COLLIE’S MOTION.
    (95 U. S. R., 641.)
    John Young, assignee of Alexander Collie, appellant, v. The United States, appellees.
    
      On the claimants Motion.
    
    
      Judgment is rendered in the court below for the claimant (9 C. Cls. R., 431). The defendants appeal. While the appeal is pending the defendants go to the court below and move for a new trial under the statute (Rev. Stat., § 1088). It is granted. The defendants then come into this court and move to dismiss their appeal. The claimant resists the motion, and moves for a certiorari to show , that the court beloxo acted without jurisdiction. This court disxnisses the appeal, and refuses the certiorari (12 C. Cls. R., 129; 94 U. S. R., 258). A nexo trial is had below and judgment given for the defendants (12 C. Cls. R., 648). The claimant appeals. The record of appeal does not contain the evidence on which the court below granted the nexo trial. The claimant moves for a cer-tiorari.
    
    Tlie motion for a certiorari is denied, on tlie ground tliat if tlie court below lias jurisdiction of a motion for a new trial under the statute (Rev. Stat., 1088), i. e., if a case be made upon tlie record wliicli would justify its interference, tliis court cannot review tlie decision nor examine the evidence upon which the motion was allowed.
   The Ohiee Justice

delivered the opinion, of the Supreme Court, November 26, 1877.  