Legal Opinion

Brockett v. Brockett

Supreme Court of the United States

Decided March 12, 1844PublishedCited by 75 opinions

This was an appeal from the chancery side of the Circuit Court of thé United States for the District of Columbia. The case was not reached in regular order, but a motion was made, under the rule, to dismiss the'appeal-under the following state of facts. A final decree was pronounced in the court below on the 10th of May, 1843, from which an appeal was prayed.

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This was an appeal from the chancery side of the Circuit Court of thé United States for the District of Columbia. The case was not reached in regular order, but a motion was made, under the rule, to dismiss the'appeal-under the following state of facts. A final decree was pronounced in the court below on the 10th of May, 1843, from which an appeal was prayed. A petition to re-open the decree was filed during the term, and referred to a master, who reported on the 9th of June, following. Upon his report the court refused to open its former decree, and from this refusal, as well as from the…

1Opinion of the CourtJustice Story

delivered the opinión of the court.

A motion has been made to dismiss this appeal upon several grounds. The first is, that although all the defendants have appealed from the decree of the court below, yet a part of them, only, have signed the appeál bond. This objection is not maintainable. It is not necessary that all the defendants should join in the appeal bond, although all must join in the appeal. It is sufficient if the appeal bond is approved by the court, as satisfactory and complete security by whomsoever it may be executed.

The next ground is, that an appeal has.been taken from the…

2Cited by75 opinions

  1. Wayne United Gas Co. v. Owens-Illinois Glass Co.Supreme Court of the United States · 1937
  2. Pfister v. Northern Illinois Finance Corp.Supreme Court of the United States · 1942
  3. Conboy v. First Nat. Bank of Jersey CitySupreme Court of the United States · 1906
  4. Kingman v. Western Manufacturing Co.Supreme Court of the United States · 1898
  5. Central Trust Co. v. Grant Locomotive WorksSupreme Court of the United States · 1890

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