Legal Opinion

Dainese v. Kendall

Supreme Court of the United States

Decided November 15, 1886PublishedCited by 32 opinions

APPEAL PROM.-THE SUPREME COURT OE THE DISTRICT ÓE COLUMBIA. This was a motion to dismiss. The case is stated in the-' opinion of the court.

1Opinion of the Court

Mr. Ohiee Justice "Waite

delivered the opinion of the-court.

When this case was called for hearing a motion was madó to dismiss because the decree appealed^ from was not a final decree. The facts are these:

The bill was filed by Dainese as the holder of one of three, notes of Gordon, secured by a deed of trust from Gordon to ’ McPherson, trustee, against the maker of the notes, the trustee, and John E. Kendall the holder of the other notes, praying:

1. That a sale which had been made of the trust property by McPherson, the trustee acting under the deed of trust, to Kendall, be set aside and a new…

2Cases cited4 opinions

  1. St. Louis, Iron Mountain & Southern Railroad v. Southern Express Co.Supreme Court of the United States · 1883
  2. Ennis v. SmithSupreme Court of the United States · 1853
  3. Bostwick v. BrinkerhoffSupreme Court of the United States · 1882
  4. Mower v. FletcherSupreme Court of the United States · 1885

3Cited by32 opinions

  1. Collins v. MillerSupreme Court of the United States · 1920
  2. McAuslan v. McAuslanSupreme Court of Rhode Island · 1912
  3. Keystone Manganese & Iron Co. v. MartinSupreme Court of the United States · 1889
  4. Lodge v. TwellSupreme Court of the United States · 1890
  5. Bank of Rondout v. SmithSupreme Court of the United States · 1895

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