Baxter v. Bevil Phillips & Co.
District Court, S.D. Alabama
In Equity. Suit by H. E. Baxter, as trustee of J. A Harvey, bank-rapt, against Bevil Phillips & Co. and others. On petition to allow an appeal and to issue a writ of error.
1Opinion of the Court
TOUEMIN; District Judge.
In the case of Long v. Maxwell, reported in 59 Fed. 948, 8 C. C. A. 410, the court (Chief Justice Fuller writing the opinion) decided that a decree of July 20, 1891, was a final decree, terminating the litigation between the parties, and leaving nothing to be done, except to carry it into execution. The reservation for further directions simply related to such execution, and could not be availed of as rendering the decree less final, or leaving open points-expressly decided when it was entertained. If the decree was erroneous, the proper mode of correction was by…
2Cases cited9 opinions
- Conboy v. First Nat. Bank of Jersey CitySupreme Court of the United States · 1906
- Hill v. Chicago & Evanston RailroadSupreme Court of the United States · 1891
- Old Nick Williams Co. v. United StatesSupreme Court of the United States · 1910
- Polleys v. Black River Improvement Co.Supreme Court of the United States · 1885
- Dainese v. KendallSupreme Court of the United States · 1886
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3Cited by1 opinion
- Cole v. RustgardCourt of Appeals for the Ninth Circuit · 1933