Legal Opinion

Hinckley v. Morton

Supreme Court of the United States

Decided March 21, 1881PublishedCited by 13 opinions

Motion to dismiss an appeal from the Circuit Court of the United States for the Southern District of Illinois, with which is united a motion to affirm.

1Opinion of the Court

Mr. Chink Justice Waite

delivered the opinion of the court.

Our jurisdiction of this case is clear. The appeal is not from the decree entered on our mandate at the last term in Hinckley v. Railroad Company, 100 U. S. 153. On the contrary, that decree has been satisfied by an actual payment of the amount found due. The case does not, therefore, come within the rule laid down in Stewart v. Salamon (97 id. 361), where we held that an appeal would not- be entertained from a decree rendered by the court below in accordance with our mandate on a previous appeal. The record now presented shows that…

2Cases cited2 opinions

  1. Tyler v. MagwireSupreme Court of the United States · 1873
  2. Hinckley v. Railroad Co.Supreme Court of the United States · 1879

3Cited by13 opinions

  1. Bissell Carpet-Sweeper Co. v. Goshen Sweeper Co.Court of Appeals for the Sixth Circuit · 1896
  2. The AlaskaSupreme Court of the United States · 1889
  3. Chanute City v. TraderSupreme Court of the United States · 1889
  4. Western States Mach. Co. v. S. S. Hepworth Co.Court of Appeals for the Second Circuit · 1945
  5. State Ex Rel. Goldsborough v. HustonSupreme Court of Oklahoma · 1911

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