United States v. Mayer, 235 U.S. 55 (1914). · Go Syfert
United States v. Mayer, 235 U.S. 55 (1914). Cases Citing This Book View Copy Cite
1,560 citation events (272 in the last 25 years) across 101 distinct courts.
Strongest positive: State v. Thomas (md, 2024-08-29)
Treatment trajectory · 1914 → 2026 · click a year to view as-of
1914 1970 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) State v. Thomas
Md. · 2024 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
in the absence of statute providing otherwise, the general principle obtains that a court cannot set aside or alter its final judgment after the expiration of the term at which it was entered, unless the proceeding for that purpose was begun during that term.
examined Cited as authority (verbatim quote) State v. Thomas
Md. · 2024 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
in the absence of statute providing otherwise, the general principle obtains that a court cannot set aside or alter its final judgment after the expiration of the term at which it was entered, unless the proceeding for that purpose was begun during that term.
examined Cited as authority (quoted) United States v. Aaron Thorpe (3×) also: Cited "see"
D.C. Cir. · 2025 · quote attribution · 2 verbatim quotes · confidence low
a formal criminal charge made by a prosecutor without a grand- jury indictment.
discussed Cited as authority (quoted) Maasen v. United States
D. Ariz. · 2021 · quote attribution · 1 verbatim quote · confidence low
he common law scope of coram nobis was a writ from the judgment- 20 issuing court to itself, granting itself power to reopen that judgment.
discussed Cited as authority (quoted) Christensen v. United States
D. Ariz. · 2021 · quote attribution · 1 verbatim quote · confidence low
under the 16 common law, 'the common law scope of coram nobis was a writ from the judgment-issuing 17 court to itself, granting itself power to reopen that judgment.
examined Cited as authority (quoted) United States v. Victor Castano (3×)
6th Cir. · 2018 · quote attribution · 3 verbatim quotes · confidence low
the issue that osser brings at this late date should have been included in his direct appeal.
examined Cited as authority (quoted) State v. PRION (3×)
Utah · 2012 · quote attribution · 3 verbatim quotes · confidence low
in the absence of statute providing otherwise, the general principle obtains that a court cannot set aside or alter its final judgment after the expiration of the term at which it was entered. ...
examined Cited as authority (rule) Hector Cervantes-Torres v. United States (3×) also: Cited "see"
9th Cir. · 2026 · confidence medium
But Mayer discusses the writ’s application in the context of “errors of fact . . . of the most fundamental character.” 235 U.S. at 69 (emphasis added).
discussed Cited as authority (rule) United States v. Young (2×) also: Cited "see"
D.D.C. · 2025 · confidence medium
And although she suggests that a writ of coram nobis is available, see ECF No. 149 at 2, she does not seem to have grappled with the fact that a court has jurisdiction to grant that extraordinary writ to review errors only “‘of the most fundamental character[,]’ . . . [which] do not include ‘prejudicial misconduct in the course of the trial, the misbehavior or partiality of jurors, [or] newly discovered evidence.’” 14 United States v. Mills, 221 F.3d 1201 , 1203–04 (11th Cir. 2000) (emphasis added) (quoting United States v. Mayer, 235 U.S. 55, 60 (1914)).
examined Cited as authority (rule) Hector Cervantes-Torres v. United States (3×) also: Cited "see"
9th Cir. · 2025 · confidence medium
But Mayer discusses the writ’s application in the context of “errors of fact . . . of the most fundamental character.” 235 U.S. at 69 (emphasis added).
discussed Cited as authority (rule) Metaxas v. United States
E.D.N.Y · 2023 · confidence medium
The writ is “traditionally available only to bring before the court factual errors ‘material to the validity and regularity of the legal proceeding....’” Carlisle v. United States, 517 U.S. 416, 428-29 (1996) (quoting United States v. Mayer, 235 U.S. 55, 67-68 (1914)).
discussed Cited as authority (rule) Darst v. United States
M.D. Fla. · 2022 · confidence medium
“Such compelling circumstances exist only when the error involves a matter of fact of the most fundamental 1 Because Petitioner did not appeal, the record lacks a transcript of Mr. Darst’s trial. character which has not been put in issue or passed upon and which renders the proceeding itself irregular and invalid.” Moody v. United States, 874 F.2d 1575 , 1576–77 (11th Cir. 1989) (citing United States v. Mayer, 235 U.S. 55, 69 (1914)).
cited Cited as authority (rule) Gayler v. State of Nevada
D. Nev. · 2021 · confidence medium
Hirabayashi v. United States, 828 F.2d 591, 604 (9th Cir.1987) 25 (quoting United States v. Mayer, 235 U.S. 55, 69 (1914)).
discussed Cited as authority (rule) (HC) Obando-Segura v. People of California
E.D. Cal. · 2021 · confidence medium
To obtain coram nobis relief, petitioner must establish, among other 17 things, that the challenged conviction resulted from “errors of fact” that are “the most 18 fundamental character” such that “the proceeding itself [was] irregular and invalid.” United 19 States v. Mayer, 235 U.S. 55, 69 (1914) (alteration in original).
discussed Cited as authority (rule) Flanders v. State
Ga. · 2020 · confidence medium
As explained in United States v. Mayer, 235 U. S. 55 ( 35 SCt 16 , 59 LE 129) (1914), the common-law rule provides that “[i]n the absence of [a] statute providing otherwise, the general principle obtains that a court cannot set aside or alter its final judgment after the expiration of the term at which it was entered, unless the proceeding for that purpose was begun during that term.” Id. at 67 (1) (emphasis supplied); see also Miraglia v. Bryson, 152 Ga. 828 ( 111 SE 655 ) (1922) (following Mayer).
discussed Cited as authority (rule) United States v. Sergeant ROBERT B. BERGDAHL
A.C.C.A. · 2020 · confidence medium
See United States v. Denedo, 66 M.J. 114, 123 (C.A.A.F. 2008) (Denedo I); United States v. Denedo, 556 U.S. 904, 917 (2009) (Denedo II); United States v. Morgan, 346 U.S. 502, 522-12 , 74 S. Ct. 247, 252-43 (1954) (quoting United States v. Mayer, 235 U.S. 55, 69 , 35 S. Ct. 16, 19 (1914)); 28 U.S.C. §1651 (a) (All Writs Act).
discussed Cited as authority (rule) Gray v. State
Ga. · 2020 · confidence medium
Lumber Co., 173 Ga. 602, 608 ( 160 SE 775 ) (1931) (“When the judge hears the motion in vacation on the day set, and holds up the motion for further consideration, the term of the court, as to such motion, is extended until the judge finally passes upon the motion . . . .”); Alley v. Halcombe, 96 Ga. 810, 810 ( 22 SE 901 ) (1895) (plaintiff should have moved before the expiration of the term of court); State v. 7 explained in United States v. Mayer, 235 U.S. 55 ( 35 SCt 16 , 59 LE 129) (1914), the common-law rule provides that “[i]n the absence of [a] statute providing otherwise, the gen…
discussed Cited as authority (rule) McDaniel v. United States
W.D.N.C. · 2020 · confidence medium
An error of “the most fundamental character” is on that has “rendered the proceeding itself irregular and invalid.” United States v. Addonizio, 442 U.S. 178, 186 (1979) (quoting United States v. Mayer, 235 U.S. 55, 69 (1914)).
discussed Cited as authority (rule) Ravidath Ragbir v. United States
3rd Cir. · 2020 · confidence medium
P. 60(b) (1946) (effective Mar. 19, 1948). 19 See United States v. Mayer, 235 U.S. 55, 69 (1914). 20 See Randall, supra note 6, at 1067 n.26. 21 See id. at 1067-68. 22 David Wolitz, The Stigma of Conviction: Coram Nobis, Civil Disabilities, and the Right to Clear One’s Name, 2009 BYU L.
discussed Cited as authority (rule) Kornse v. United States
W.D.N.C. · 2019 · confidence medium
An error of “the most fundamental character” is one that has “rendered the proceeding itself irregular and invalid.” United States v. Addonizio, 442 U.S. 178, 186 (1979) (quoting United States v. Mayer, 235 U.S. 55, 69 (1914)).
discussed Cited as authority (rule) Collins v. United States
D. Maryland · 2019 · confidence medium
Coram nobis is available only to remedy “factual errors material 5 Collins is presently incarcerated at the New Jersey State Prison in Trenton, New Jersey. to the validity and regularity of the legal proceeding itself[.]” Carlisle v. United States, 517 U.S. 416, 429 (1996) (quoting United States v. Mayer, 235 U.S. 55, 67-68 (1914)) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Oluwatoyin Utoh
11th Cir. · 2019 · confidence medium
Under the All Writs Act, 28 U.S.C. § 1651 , we may issue the writ only to correct “errors ‘of the most fundamental character.’” Id. (quoting United States v. Mayer, 235 U.S. 55, 69 , 35 S. Ct. 16, 19 (1914)). 2 Case: 18-10299 Date Filed: 03/22/2019 Page: 3 of 7 We begin by assessing our own jurisdiction.
discussed Cited as authority (rule) United States v. Maureen Chan
9th Cir. · 2015 · confidence medium
In order to grant coram nobis, we must find the error alleged to be “of the most fundamental character, that is, such as [would] render[] the proceeding itself invalid.” Hirabayashi v. United States, 828 F.2d 591, 604 (9th Cir. 1987) (internal quotation marks omitted) (quoting United States v. Mayer, 235 U.S. 55, 69 (1914)).
discussed Cited as authority (rule) Trujillo v. State
Nev. · 2013 · confidence medium
See Bronson v. Schulten, 104 U.S. 410, 416-17 (1881) (recognizing the availability of the writ at common law but questioning its modern availability and determining that the court did not have the power to set aside, vacate, and modify a final judgment after the end of the term during which the judgment was rendered); United States v. Mayer, 235 U.S. 55, 68-69 (1914) (recognizing the availability of coram nobis at common law, but expressing no opinion as to whether coram nobis existed because the errors complained of, prosecutorial misconduct and juror bias, would not have been the type of err…
discussed Cited as authority (rule) Thomas Shrader v. State of W. Va. and McDowell Co. Circuit Court
W. Va. · 2013 · confidence medium
Pt. 4, Losh v. McKenzie, 166 W.Va. 762 , 277 S.E.2d 606 (1981) (holding that a prior omnibus habeas corpus hearing allows the doctrine of res judicata to bar subsequent proceedings).5 Therefore, after careful consideration, this Court concludes that the doctrine of res judicata bars the instant petition and that the circuit court did not err in denying it.6 4 See also United States v. Mayer, 235 U.S. 55, 69 (1914) (Coram nobis is available only to correct errors “of the most fundamental character; that is, such as rendered the proceeding itself irregular and invalid.”). 5 Losh allows for a…
discussed Cited as authority (rule) State v. Sinclair
Vt. · 2012 · confidence medium
While coram nobis was originally sought by initiating a new proceeding through a writ, in the United States “proceeding by motion is the modern substitute.” United States v. Mayer, 235 U.S. 55, 67 (1914). ¶ 6.
discussed Cited as authority (rule) United States v. George
1st Cir. · 2012 · confidence medium
In its seminal coram nobis decision the Supreme Court noted that the writ may issue to correct factual errors only in "those cases where the errors were of the most fundamental character; that is, such as rendered the proceeding itself irregular or invalid." United States v. Mayer, 235 U.S. 55, 69 (1914).
discussed Cited as authority (rule) State v. Torres
N.M. Ct. App. · 2012 · confidence medium
Duggins, 240 F.2d at 483 (“It was a codification of existing law and was intended to remove any doubt, created by the ruling in United States v. Mayer, 235 U.S. 55, 67 [(1914)], about the jurisdiction ofthe [d] istrict [c]ourt to correct an illegal sentence after the expiration of the term at which it was entered.”).
discussed Cited as authority (rule) State v. Torres
N.M. Ct. App. · 2012 · confidence medium
Duggins, 240 F.2d at 483 (“It was a codification of existing law and was intended to remove any doubt, created by the ruling in United States v. Mayer, 235 U.S. 55, 67 [(1914)], about the jurisdiction of the [d]istrict [c]ourt to correct an illegal sentence after the expiration of the term at which it was entered.”).
discussed Cited as authority (rule) United States v. Baird
3rd Cir. · 2008 · confidence medium
Baird’s attempt to question one aspect of the chemist’s testimony more than ten years after it was entered into evidence is simply insufficient to “render[ ] the proceeding itself irregular and invalid,” United States v. Mayer, 235 U.S. 55, 69, 35 S.Ct. 16 , 59 L.Ed. 129 (1914), in light of the overwhelming evidence of his guilt that goes unchallenged, such as the more than 200 grams of powder MDMA found at his residence and the taped admission that he was manufacturing Ecstasy for sale, cf. United States v. Sawyer, 239 F.3d 31, 35 (1st Cir.2001) (reversing grant of the writ because �…
discussed Cited as authority (rule) United States v. Trenkler (2×) also: Cited "see"
1st Cir. · 2008 · confidence medium
See Morgan, 346 U.S. at 507-08 ; Mayer, 235 U.S. at 68; see also 3 Wright, King & Klein, Federal Practice & Procedure § 592, at 687 (3d ed. 2004).
discussed Cited as authority (rule) State Ex Rel. Richey v. Hill (2×)
W. Va. · 2004 · confidence medium
Coram nobis, however, is of "limited scope" since it does not reach "prejudicial misconduct in the course of the trial, the misbehavior or partiality of jurors, and newly discovered evidence[.]" United States v. Mayer, 235 U.S. 55, 69 , 35 S.Ct. 16, 20 , 59 L.Ed. 129, 136 (1914) (dicta).
discussed Cited as authority (rule) United States v. Wickersham
5th Cir. · 2003 · confidence medium
The 3 The government contends that the writ is unavailable to correct Brady violations because Mayer described the writ as unavailable to correct “prejudicial misconduct in the course of trial, the misbehavior or partiality of jurors, and newly discovered evidence.” 235 U.S. at 69.
examined Cited as authority (rule) Sawyer v. United States (4×) also: Cited "see"
1st Cir. · 2001 · confidence medium
In its more modern usage, the writ was available in criminal cases "whether the error was in fact or law," but applied "only to that very small number of legal questions which concerned the regularity of the proceeding itself." United States v. Mayer, 235 U.S. 55, 68 (1914) (quotations omitted). 18 For example, the writ was available where the defendant was an escaped slave, had been insane at the time of trial, or had entered a guilty plea out of fear of mob violence.
examined Cited as authority (rule) United States v. Ocie Mills (7×) also: Cited "see"
11th Cir. · 2000 · confidence medium
THE PARTIES’ CONTENTIONS A. The Government’s Position Relying primarily on United States Supreme Court authority, the government contends that the basis for the Millses’ coram nobis petition – newly discovered evidence that the jury considered extrinsic evidence and therefore was not impartial–is unavailable to remedy alleged “prejudicial misconduct in the course of the trial, the misbehavior or partiality of jurors, and newly discovered evidence.” See United States v. Mayer, 235 U.S. 55, 69 (1914); United States v. Morgan, 346 U.S. 502 , 512 4 (1954).
discussed Cited as authority (rule) United States v. Gustav Zwerling
2d Cir. · 1997 · confidence medium
Coram nobis is not a substitute for appeal, and relief is limited to those situations in which "errors ... of the most fundamental character" have rendered the proceeding itself "irregular and invalid." Foont v. United States, 93 F.3d 76, 78 (2d Cir.1996); United States v. Mayer, 235 U.S. 55, 69 (1914). 14 Zwerling argues that because the district court did not know and could not have known the extent of the civil fines and penalties that would be imposed, the court did not consider the back taxes, interest, and penalties owed the IRS as mitigating factors in determining Zwerling's fine.
discussed Cited as authority (rule) Latham v. State
Ga. Ct. App. · 1997 · confidence medium
As the United States Supreme Court has held, “In the absence of a statute providing otherwise, the general principle obtains that a court cannot set aside or alter its final judgment after the expiration of the term at which it was entered, unless the proceeding for that purpose was begun during that term.” United States v. Mayer, 235 U. S. 55, 67 (1) (35 SC 16, 235 LE 129) (1914).
discussed Cited as authority (rule) Billy Kenneth Moore v. Al C. Parke
7th Cir. · 1996 · confidence medium
Johnson v. Mississippi, 486 U.S. 578 (1988); Lowery v. McCaughtry, 954 F.2d 422, 422-23 (7th Cir.), cert. denied, 506 U.S. 834 (1992) (denying the petitioner's attempt to have a Wisconsin federal district court issue a writ of error coram nobis upon a Georgia state conviction which he alleges was constitutionally infirm and was improperly used to augment a Wisconsin state sentence and noting that the petitioner's counsel "conceded that she had not found even one decision in the history of the United States using coram nobis to set aside a judgment rendered by another court") 2 ; Crank v. Duckw…
discussed Cited as authority (rule) United States v. Nisar N. Mulla
6th Cir. · 1993 · confidence medium
"Under coram nobis the court reviews errors of fact committed in the original proceeding which are 'of the most fundamental character, that is, such as rendered the proceeding itself invalid.' " Flippins v. United States, 747 F.2d 1089, 1091 (6th Cir.1984) (per curiam) (quoting United States v. Mayer, 235 U.S. 55, 69 (1914).
discussed Cited as authority (rule) United States v. Harold Friedman and Anthony Hughes
6th Cir. · 1993 · confidence medium
"Under coram nobis the court reviews errors of fact committed in the original proceeding which are 'of the most fundamental character, that is, such as rendered the proceeding itself invalid." Flippins, 747 F.2d at 1091 (quoting United States v. Mayer, 235 U.S. 55, 69 (1914)).
examined Cited as authority (rule) Herrera v. Collins (4×) also: Cited "see, e.g."
SCOTUS · 1993 · confidence medium
Otherwise, “the court at a subsequent term has power to correct inaccuracies in mere matters of form, or clerical errors.” 235 U. S., at 67.
discussed Cited as authority (rule) United States v. Matthew Edwin Lothian
9th Cir. · 1992 · confidence medium
DISCUSSION 5 A writ of error coram nobis is available in federal court under the All Writs Act, 28 U.S.C. § 1651 (a), " 'for errors of fact ... in those cases where the errors [are] of the most fundamental character, that is, such as rendered the proceeding itself invalid.' " Hirabayashi v. United States, 828 F.2d 591, 604 (9th Cir.1987) (quoting United States v. Mayer, 235 U.S. 55, 69 (1914)).
cited Cited as authority (rule) United States v. Earl Bush
7th Cir. · 1989 · confidence medium
Mayer, 235 U.S. at 68-69 , 35 S.Ct. at 19-20 (citations omitted).
discussed Cited as authority (rule) Walter Leroy Moody, Jr. v. United States
11th Cir. · 1989 · confidence medium
The first question then is whether Moody’s allegation of newly discovered evidence is the fundamental type of irregularity for which the writ of error coram nobis provides a remedy. 3 NEWLY DISCOVERED EVIDENCE A claim of newly discovered evidence relevant only to the guilt or innocence of the petitioner is not cognizable in a coram nobis proceeding. 4 The Supreme Court seemingly resolved this issue in Mayer when, after noting the limited scope of the federal courts’ authority to set aside final judgments for errors of fact, it stated: [I]n cases of prejudicial misconduct in the course of t…
discussed Cited as authority (rule) Paul Willoughby Granville v. United States
5th Cir. · 1980 · confidence medium
Our jurisdiction in the present case is therefore “of a limited scope, existing ‘in those cases where the errors [are] of the most fundamental character, that is, such as render[ing] the proceeding itself irregular and invalid.’ ” United States v. Addonizio, 442 U.S. 178, 186 , 99 S.Ct. 2235, 2240 , 60 L.Ed.2d 805, 812 (1979) (quoting United States v. Mayer, 235 U.S. 55, 69 , 35 S.Ct. 16, 19 , 59 L.Ed. 129, 136 (1914)).
discussed Cited as authority (rule) United States v. Frank Peter Balistrieri
7th Cir. · 1979 · confidence medium
Pickett’s Heirs v. Legerwood [32 U.S.] (7 Pet.), 144, 147 [ 8 L.Ed. 638 ]; Wetmore v. Karrick, 205 U.S. 141, 151 [ 27 S.Ct. 434 , 51 L.Ed. 745 ]; United States v. Mayer, 235 U.S. 55, 67 [ 35 S.Ct. 16 , 59 L.Ed. 129 .] As it is such a step, we do not think that Rule 60(b), Fed.Rules Civ.Proc., expressly abolishing the writ of error coram nobis in civil cases, applies.
discussed Cited as authority (rule) United States v. Addonizio
SCOTUS · 1979 · confidence medium
The justification for raising such errors in a § 2255 *186 proceeding, as amicus here points out, 12 is that traditionally they could have been raised by a petition for a writ of coram nobis, and thus fall within § 2255’s provision for vacating sentences that are “otherwise subject to collateral attack.” But coram nobis jurisdiction has never encompassed all errors of fact; instead, it was of a limited scope, existing “in those cases where the errors were of the most fundamental character, that is, such as rendered the proceeding itself irregular and invalid.” United States v. Maye…
discussed Cited as authority (rule) In Re Grand Jury Investigation. Appeal of Alexander Hartzell, a Witness
3rd Cir. · 1976 · confidence medium
In the large majority of cases, then, the dissent's Rule 35 discussion will be inapposite More to the point, however, is our belief that whatever jurisdictional limitations originally existed on a contempt court's power to toll the running of a criminal sentence pending service of a civil contempt sentence, such limitation did not survive the enactment of § 1826. 1 "(Rule 35) was a codification of existing law and was intended to remove any doubt created by the decision in United States v. Mayer, 235 U.S. 55, 67 ( 35 S.Ct. 16, 18 , 59 L.Ed. 129 ), as to the jurisdiction of a District Court to…
discussed Cited as authority (rule) Román Morales v. Warden of the State Penitentiary (2×)
prsupreme · 1955 · confidence medium
Following the English antecedents, the writ of coram nobis will not lie to review after judgment irregularities committed in selecting a jury, such as the concealment by a juror on his voir dire of his qualifications or his misbehavior or partiality; United States v. Mayer, 235 U. S. 55, 68, 71 , 59 L.
cited Cited as authority (rule) Allen v. United States
6th Cir. · 1947 · signal: cf. · confidence medium
Cf. United States v. Mayer, 235 U.S. 55, 67, 68 , 35 S.Ct. 16 , 59 L.Ed. 129 .
UNITED STATES
v.
MAYER, JUDGE OF THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK.
462.
Supreme Court of the United States.
Nov 16, 1914.
235 U.S. 55
Hughes, After Making the Foregoing Statement.
Cited by 499 opinions  |  Published
6 passages pin-cited by 5 cases
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Citer courts: Sixth Circuit (3) · Utah Supreme Court (3) · D. Arizona (2) · D.C. Circuit (2)
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT.

[*59] The Solicitor General, with whom Mr. Karl W. Kirchwey was on the brief, for the United States.

Mr. Wilson B. Brice, with whom Mr. Samuel Williston was on the brief, for respondent.

[*65] MR. JUSTICE HUGHES, after making the foregoing statement, delivered the opinion of the court.

Preliminarily, objection is raised to the authority of this court to answer the questions certified. Under § 239 of the Judicial Code, questions may be certified by the Circuit Court of Appeals "in any case within its appellate jurisdiction, as defined in section one hundred and twenty-eight"; and § 128 provides that the Circuit Courts of Appeals "shall exercise appellate jurisdiction to review by appeal or writ of error final decisions in the District Court," etc. The argument is that an application to a Circuit Court," of Appeals for a writ of prohibition is an original proceeding. But the jurisdiction of the Circuit Courts of Appeals is exclusively appellate (Act of March 3, 1891, §§ 2, 6, c. 517, 26 Stat. 826, 828; Jud. Code, §§ 117, 128; Whitney v. Dick, 202 U.S. 132, 137, 138); and their authority to issue writs is only that which may properly be deemed to be auxiliary to their appellate power. Jud. Code,[*66] § 262; Rev. Stat., § 716; Act of March 3, 1891, c. 517, § 12, 26 Stat. 826, 829; Whitney v. Dick, supra; McClellan v. Carland, 217 U.S. 268, 279, 280. Section 128 defines the class of cases in which the Circuit Court of Appeals may exercise appellate jurisdiction, and, where a case falls within this class, a proceeding to procure the issue of a writ in aid of the exercise of that jurisdiction must be regarded as incidental thereto and hence as being embraced within the purview of § 239 authorizing the court to certify questions of law.

It is also objected that the certificate sends up the entire case. It is a familiar rule that this court can not be required through a certificate under § 239 to pass upon questions of fact, or mixed questions of law and fact; or to accept a transfer of the whole case; or to answer questions of objectionable generality — which instead of presenting distinct propositions of law cover unstated matters `lurking in the record' — or questions that are hypothetical and speculative. United States v. Bailey, 9 Pet. 267, 273; Webster v. Cooper, 10 How. 54, 55; Jewell v. Knight, 123 U.S. 426, 432-435; United States v. Hall, 131 U.S. 50, 52; Cross v. Evans, 167 U.S. 60, 63; United States v. Union Pacific Rwy. Co., 168 U.S. 505, 512; Chicago, B. & Q. Rwy. Co. v. Williams, 205 U.S. 444, 452, 453; 214 U.S. 492; Hallowell v. United States, 209 U.S. 101, 107; The Folmina, 212 U.S. 354, 363; B. & O.R.R. Co. v. Interstate Com. Com., 215 U.S. 216, 221, 223. But, on the other hand, there is no objection to the submission of a definite and clean-cut question of law merely because the answer may be decisive of the controversy. The question propounded must always be such that the answer will aid the court in the determination of the case, and the importance, or the controlling character, of the question if suitably specific furnishes no ground for its disallowance. This is abundantly illustrated in the decisions. United States v. Pridgeon, 153 U.S. 48; Helwig v. United States, 188 U.S.[*67] 605; United States v. Ju Toy, 198 U.S. 253; Hertz v. Woodman, 218 U.S. 205, 211; American Land Co. v. Zeiss, 219 U.S. 47, 59; Matter of Harris, 221 U.S. 274, 279; Hallowell v. United States, 221 U.S. 317; Beutler v. Grand Trunk Rwy. Co., 224 U.S. 85, 88; Matter of Loving, 224 U.S. 183, 186; The Jason, 225 U.S. 32; Anderson v. Pacific Coast S.S. Co., 225 U.S. 187; Jordan v. Roche, 228 U.S. 436; Texas Cement Co. v. McCord, 233 U.S. 157; Illinois Central R.R. Co. v. Behrens, 233 U.S. 473. In the present case the certificate submits distinct and definite questions of law, which — save question I-B — are clearly pertinent.

Coming, then, to the matters thus submitted, we deem the following considerations to be controlling:

1. In the absence of statute providing otherwise, the general principle obtains that a court cannot set aside or alter its final judgment after the expiration of the term at which it was entered, unless the proceeding for that purpose was begun during that term. Hudson v. Guestier, 7 Cranch, 1; Cameron v. M'Roberts, 3 Wheat. 591; Ex parte Sibbald, 12 Pet. 488, 492; Bank of United States v. Moss, 6 How. 31, 38; Bronson v. Schulten, 104 U.S. 410, 415-417; Phillips v. Negley, 117 U.S. 665, 673, 674; Hickman v. Fort Scott, 141 U.S. 415; Hume v. Bowie, 148 U.S. 245, 255; Tubman v. B. & O.R.R. Co., 190 U.S. 38; Wetmore v. Karrick, 205 U.S. 141, 149-152; In re Metropolitan Trust Co., 218 U.S. 312, 320, 321. There are certain exceptions. In the case of courts of common law — and we are not here concerned with the special grounds upon which courts of equity afford relief — the court at a subsequent term has power to correct inaccuracies in mere matters of form, or clerical errors, and, in civil cases, to rectify such mistakes of fact as were reviewable on writs of error coram nobis, or coram vobis, for which the proceeding by motion is the modern substitute. Pickett's Heirs v. Legerwood, 7 Pet. 144, 148; Matheson's Adm'r v. Grant's Adm'r, 2 How. 263, 281; Bank of United States v. Moss, supra; Bronson v.[*68] Schulten, supra; Phillips v. Negley, supra; In re Wight, 134 U.S. 136; Wetmore v. Karrick, supra. These writs were available to bring before the court that pronounced the judgment errors in matters of fact which had not been put in issue or passed upon and were material to the validity and regularity of the legal proceeding itself; as where the defendant, being under age, appeared by attorney, or the plaintiff or defendant was a married woman at the time of commencing the suit, or died before verdict or interlocutory judgment, — for, it was said, `error in fact is not the error of the judges and reversing it is not reversing their own judgment.' So, if there were error in the process, or through the default of the clerks, the same proceeding might be had to procure a reversal. But if the error were `in the judgment itself, and not in the process,' a writ of error did not lie in the same court upon the judgment, but only in another and superior court. Tidd, 9th ed., 1136, 1137; Stephen on Pleading, 119; 1 Roll. Abr. 746, 747, 749. In criminal cases, however, error would lie in the King's Bench whether the error was in fact or law. Tidd, 1137; 3 Bac. Abr. (Bouv. ed.) "Error," 366; Chitty, Crim. L. 156, 749. See United States v. Plumer, 3 Cliff. 28, 59, 60. The errors of law which were thus subject to examination were only those disclosed by the record, and as the record was so drawn up that it did not show errors in the reception or rejection of evidence, or misdirections by the judge, the remedy applied `only to that very small number of legal questions' which concerned `the regularity of the proceedings themselves.' See Report, Royal Commission on Criminal Code (1879), p. 37; 1 Stephen, Hist. Crim. L. 309, 310.

In view of the statutory and limited jurisdiction of the Federal District Courts, and of the specific provisions for the review of their judgments on writ of error, there would appear to be no basis for the conclusion that, after the term, these courts in common law actions, whether civil or[*69] criminal, can set aside or modify their final judgments for errors of law; and even if it be assumed that in the case of errors in certain matters of fact, the district courts may exercise in criminal cases — as an incident to their powers expressly granted — a correctional jurisdiction at subsequent terms analogous to that exercised at common law on writs of error coram nobis (See Bishop, New Crim. Pro., 2d ed., § 1369), as to which we express no opinion, that authority would not reach the present case. This jurisdiction was of limited scope; the power of the court thus to vacate its judgments for errors of fact existed, as already stated, in those cases where the errors were of the most fundamental character, that is, such as rendered the proceeding itself irregular and invalid. In cases of prejudicial misconduct in the course of the trial, the misbehavior or partiality of jurors, and newly discovered evidence, as well as where it is sought to have the court in which the case was tried reconsider its rulings, the remedy is by a motion for a new trial (Jud. Code, § 269) — an application which is addressed to the sound discretion of the trial court, and, in accordance with the established principles which have been repeatedly set forth in the decisions of this court above cited, cannot be entertained, in the absence of a different statutory rule, after the expiration of the term at which the judgment was entered.

State statutes relating to the granting of new trials are not applicable. As was said by this court in Bronson v. Schulten, supra, — "The question relates to the power of the courts and not to the mode of procedure. It is whether there exists in the court the authority to set aside, vacate, and modify its final judgments after the term at which they were rendered; and this authority can neither be conferred upon nor withheld from the courts of the United States by the statutes of a State or the practice of its courts." See, also, Ind. & St. L.R.R. Co. v. Horst, 93[*70] U.S. 291, 301; Mo. Pac. Rwy. Co. v. C. & A.R.R. Co., 132 U.S. 191; Fishburn v. C., M. & St. P. Ry. Co., 137 U.S. 60; Fuller v. United States, 182 U.S. 562, 575; United States v. 1621 Pounds of Fur Clippings, 106 Fed. Rep. 161; City of Manning v. German Ins. Co., 107 Fed. Rep. 52.

2. As the District Court was without power to entertain the application, the consent of the United States attorney was unavailing. Cutler v. Rae, 7 How. 729, 731; Byers v. McAuley, 149 U.S. 608, 618; Minnesota v. Hitchcock, 185 U.S. 373, 382. It is argued, in substance, that while consent cannot give jurisdiction over the subject matter, restrictions as to place, time, etc., can be waived. Gracie v. Palmer, 8 Wheat. 699; Toland v. Sprague, 12 Pet. 300, 331; Ayers v. Watson, 113 U.S. 594, 598; Martin's Adm'r v. B. & O.R.R. Co., 151 U.S. 673, 688; Rexford v. Brunswick-Balke Co., 228 U.S. 339, 344, 345. This consideration is without pertinency here, for there was no general jurisdiction over the subject matter, and it is not a question of the waiver of mere `modal or formal' requirements, of mere private right or personal privilege. In a Federal court of competent jurisdiction, final judgment of conviction had been entered and sentence had been imposed. The judgment was subject to review in the appellate court, but so far as the trial court was concerned it was a finality; the subsequent proceeding was, in effect, a new proceeding which by reason of its character invoked an authority not possessed. In these circumstances it would seem to be clear that the consent of the prosecuting officer could not alter the case; he was not a dispensing power to give or withhold jurisdiction. The established rule embodies the policy of the law that litigation be finally terminated, and when the matter is thus placed beyond the discretion of the court it is not confided to the discretion of the prosecutor.

3. We have no occasion to enter upon the broad inquiry[*71] suggested by the argument as to the authority of the Circuit Courts of Appeals to issue writs of prohibition. We have no doubt of the power to issue the writ in the case stated, and we need not discuss other cases supposed. Prior to the application for a new trial in the District Court, the defendant had sued out a writ of error and the appellate jurisdiction of the Circuit Court of Appeals had attached. Brooks v. Norris, 11 How. 204, 207; In re Chetwood, 165 U.S. 443, 456; Mutual Life Ins. Co. v. Phinney, 178 U.S. 327, 335; Old Nick Williams Co. v. United States, 215 U.S. 541, 543. Basing the argument upon the proposition that the Government had no right of review in the Circuit Court of Appeals in a criminal case, it is urged that the Government cannot be regarded as deprived of any relief which it is entitled to seek from that court, and hence that it cannot be said that the issue of the writ was necessary for the exercise of its jurisdiction. Jud. Code, § 262. But the case was actually pending in the Circuit Court of Appeals on the defendant's writ of error, and the Government had all the rights of a litigant in that court seeking to maintain a judgment assailed. It is said that the defendant could have procured the dismissal of his writ, but in fact the writ had not been dismissed. It is said, also, that the consent to the hearing by the District Court of the application for a new trial operated as a waiver of any rights the Government could have in the Circuit Court of Appeals. This conclusion is sought to be derived from the asserted efficacy of the consent in the lower court, and, as we have seen, it had no efficacy there, and it had no reference whatever to the proceedings in the higher court. The defendant was still insisting upon his rights as plaintiff in error in the Circuit Court of Appeals, and the United States, as the opposing party in that court, was entitled to its aid in order to preserve the integrity of the record and to prevent unauthorized action by the court below with respect to the judgment[*72] under review. For this purpose, the writ of prohibition was the appropriate remedy.

We answer question I-A in the affirmative, and questions II and III in the negative. Question I-B involves an inquiry not raised by the case made and is not answered.

It is so ordered.

MR. JUSTICE McREYNOLDS took no part in the consideration and decision of this case.