Legal Opinion

Harrison v. Clarke

Court of Appeals for the Eighth Circuit

Decided September 21, 1908No. 2,667PublishedCited by 4 opinions

Appeal from the Circuit Court of the United States for the Northern District of Iowa.

1Opinion of the Court

HOOK, Circuit Judge.

This is an appeal by Harrison from a decree in a suit brought by him against Clarke to wind up the affairs of *540a partnership between them and for damages for a breach by the latter of the partnership contract. Clarke, the defendant, moves to dismiss the appeal because, as he says, the decree is interlocutory, not final. But the decree purports to settle finálly and definitely the merits of the entire controversy and to leave nothing undone but to execute it. The retention of jurisdiction by the trial court was simply in aid of the details of execution according to the…

2Cases cited5 opinions

  1. Head v. HargraveSupreme Court of the United States · 1882
  2. Loudon v. Taxing DistrictSupreme Court of the United States · 1882
  3. Johnson Bros. v. Carter & Co.Supreme Court of Iowa · 1903
  4. Meriden National Bank v. GallaudetNew York Court of Appeals · 1890
  5. Fleming v. LayCourt of Appeals for the Sixth Circuit · 1901

3Cited by4 opinions

  1. In Re MagosinUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  2. Harrison v. ClarkeCourt of Appeals for the Eighth Circuit · 1910
  3. Green Briar Drainage Dist. v. ClarkCourt of Appeals for the Seventh Circuit · 1923
  4. Clark Hardware Co. v. SauveCourt of Appeals for the Eighth Circuit · 1915

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