Emery v. Central Trust & Safe Deposit Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Southern District of-Ohio; Howard C. Hollister, Judge. Suit by the Central Trust & Safe Deposit Company against Mary M. Emery and the Girard Trust Company, as trustee, etc. From a decree dismissing defendants’ cross-bill, they appeal.
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Appeal from the District Court of the United States for the Southern District of-Ohio; Howard C. Hollister, Judge. Suit by the Central Trust & Safe Deposit Company against Mary M. Emery and the Girard Trust Company, as trustee, etc. From a decree dismissing defendants’ cross-bill, they appeal. In 1884 the predecessors in interest of appellants (whom we shall speak of as the “Emerys”) gave appellee a written lease .of the front 63 feet of the first floor of the St. Paul Building in Cincinnati (together with two rooms in the basement), to be occupied by the lessee as “a bank, trust company, and…
1Opinion of the CourtKnappen, Circuit Judge
(after stating the facts as above). [1] The motion to dismiss the appeal is grounded upon the proposition that the bill in question is merely a cross-bill, and thus only a part of the main litigation instituted by the filing of the original bills, and that a dismissal of the cross-bill was not a final decision of the case, and so is not appealable under section 128 of the Judicial Code. That the dismissal of a mere cross-bill is not appealable until final decree in the principal suit is determined by Winters v. Ethell, 132 U. S. 207, 210, 10 Sup. Ct. 56, 33 L. Ed. 339.
[2] Appellants base the…
2Cases cited3 opinions
- Washington Railroad v. BradleysSupreme Court of the United States · 1870
- Winters v. EthellSupreme Court of the United States · 1889
- Griesa v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Eighth Circuit · 1908
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- General Electric Co. v. Marvel Rare Metals Co.Supreme Court of the United States · 1932
- Elizabeth Nye Woodard, Miles Cogley Nye, Jr., and the Kendall Company v. Sage Products, Inc.Court of Appeals for the Federal Circuit · 1987
- Hancock Oil Co. v. Universal Oil Products Co.Court of Appeals for the Ninth Circuit · 1940
- Radio Corp. of America v. J. H. Bunnell & Co.Court of Appeals for the Second Circuit · 1924
- Miller Hatcheries, Inc. v. Buckeye Incubator Co.Court of Appeals for the Eighth Circuit · 1930
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