Grant v. Phoenix Ins. Co.
Supreme Court of the United States
Motion to dismiss an appeal from the Supreme Court of the District of Columbia. This is an appeal from the following decree in a suit for the foreclosure of certain deeds of trust in the nature of mortgages to secure the payment of money : — “The cause came on to be heard upon the pleadings.and proofs therein, and having been submitted by 'the counsel of the respective parties and duly considered by the court, and it appearing to the court that said' defendant, Albert Grant,…
Read the full summary
Motion to dismiss an appeal from the Supreme Court of the District of Columbia. This is an appeal from the following decree in a suit for the foreclosure of certain deeds of trust in the nature of mortgages to secure the payment of money : — “The cause came on to be heard upon the pleadings.and proofs therein, and having been submitted by 'the counsel of the respective parties and duly considered by the court, and it appearing to the court that said' defendant, Albert Grant, is not entitled to airy relief under his cross-bill. in this cause; that the plaintiff is the holder and owner of the…
1Opinion of the Court
■ Mr. Chief Justice Waite
delivered the opinion of the court.
The rule is well settled that a decree to be final, within the meaning of .that term as used in the acts of Congress giving this court jurisdiction on appeal, must terminate the litigation of the parties on the merits of the case, so that if there should be an affirmance here, the court below would have nothing to do but to execute the decree it had already rendered. This subject was considered at the present term in Bostwick v. Brinkerhoff, ante, p. 3, where a large number of cases are cited. It has also been many times decided that…
2Cases cited8 opinions
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Thomson v. DeanSupreme Court of the United States · 1869
- Bronson v. Railroad Co.Supreme Court of the United States · 1863
- Ray v. LawSupreme Court of the United States · 1805
- Barnard v. GibsonSupreme Court of the United States · 1849
3 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Collins v. MillerSupreme Court of the United States · 1920
- Radio Station Wow, Inc. v. JohnsonSupreme Court of the United States · 1945
- W. B. Worthen Co. v. KavanaughSupreme Court of the United States · 1935
- McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
- St. Louis, Iron Mountain & Southern Railroad v. Southern Express Co.Supreme Court of the United States · 1883
69 more not listed; retrieve them via the Exa API.