Stratton v. Dewey
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Texas. The appellees, Charles P. Dewey and Albert B. Dewey, on September 29, 1894, filed their bill, which they designate as a “bill in the nature of a bill of review,” against Jesse 1). T. Stratton, Minnie Stratton and her husband (J. Thomas Stratton), and Horace E. Kelley, to review and sot aside a final decree pro confesso rendered by ihe circuit court November 18, 1893, in equity cause No.…
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Appeal from the Circuit Court of the United States for the Eastern District of Texas. The appellees, Charles P. Dewey and Albert B. Dewey, on September 29, 1894, filed their bill, which they designate as a “bill in the nature of a bill of review,” against Jesse 1). T. Stratton, Minnie Stratton and her husband (J. Thomas Stratton), and Horace E. Kelley, to review and sot aside a final decree pro confesso rendered by ihe circuit court November 18, 1893, in equity cause No. 233, in which all appellants here except Kelley were complainants and the appellees were defendants. The decree in suit No.…
1Opinion of the CourtMaxey, District Judge
The manner in which this cause was heard finds no warrant in the rules of correct chancery practice, and the order made upon the hearing of the demurrer is altogether irregular. This court, however, cannot enter upon a consideration of these questions, nor determine those raised by the assignment of errors, as we are satisfied the motion to dismiss the appeal must be sustained because the order made by the court is not a final decree. It is in the nature of a conditional order, its finality depending upon certain contingencies that might or might not occur. The decree passed in suit No. 235,…
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