Spencer v. Babylon R.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Suit in equity by William B. Spencer against the Babylon Railroad Company. Cross-appeals by Henry Tuthill, as County Treasurer, and Arthur Carter Plume, receiver of- defendant, from certain orders.
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Appeal from the District Court of the United States for the Eastern District of New York. Suit in equity by William B. Spencer against the Babylon Railroad Company. Cross-appeals by Henry Tuthill, as County Treasurer, and Arthur Carter Plume, receiver of- defendant, from certain orders. Receiver’s appeal dismissed in part, and orders affirmed in part. ■ This case comes up on two cross-appeals — the first, an appeal by Henry P. Tuthill, as county treasurer of Suffolk county, from two decrees herein entered May 8, 1917, by the District Court for the Eastern District of New York; the other, by…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] The appeal of the county treasurer must be dismissed. The general rule is well settled that unless there is a separable controversy, or unless there is some sum to which the appealing party is entitled in any event, he may not accept the benefit of the decree and later appeal. Chase v. Driver, 92 Fed. 780, 34 C. C. A. 668; Albright v. Oyster, 60 Fed. 644, 9 C. C. A. 173. There was here no separable controversy, such as existed in Goepel v. Kurtz, 216 N. Y. 343, 110 N. E. 769, Carson L. Co. v. St. Louis & S. F. R. Co., 209 Fed. 191, 126 C. C. A. 139, and…
2Cases cited13 opinions
- Ex Parte RoyallSupreme Court of the United States · 1886
- Greene v. Louisville & Interurban RailroadSupreme Court of the United States · 1917
- Raymondv v. Chicago Union Traction Co.Supreme Court of the United States · 1907
- Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
- United States Trust Co. v. Mayor of New YorkNew York Court of Appeals · 1895
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3Cited by16 opinions
- Luther v. United StatesCourt of Appeals for the Tenth Circuit · 1954
- State v. Great Atlantic & Pacific Tea Co.Supreme Court of Louisiana · 1938
- McFarland v. HurleyCourt of Appeals for the Fifth Circuit · 1923
- Smith v. MorrisCourt of Appeals for the Third Circuit · 1934
- Armstrong v. Lone Star Refining Co.Court of Appeals for the Eighth Circuit · 1927
11 more not listed; retrieve them via the Exa API.