Legal Opinion

Forgay v. Conrad

Supreme Court of the United States

Decided March 18, 1848PublishedCited by 412 opinions

This was an appeal from the Circuit Court of the United States for the District of Louisiana. The facts in the case are set forth in the opinion of the court. , Mr. Sergeant moved to dismiss the appeal, because the decree of the, court below- was not final, and because the appeal was not regularly brought up. On. the second point, he said .that there were several defendants, one only of whom had appealed.

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This was an appeal from the Circuit Court of the United States for the District of Louisiana. The facts in the case are set forth in the opinion of the court. , Mr. Sergeant moved to dismiss the appeal, because the decree of the, court below- was not final, and because the appeal was not regularly brought up. On. the second point, he said .that there were several defendants, one only of whom had appealed. Rut all the parties must join. 7 Peters, 399. He referred the court, however, upon this point, to Todd v. Daniel, 16 Peters, 521. A case must not come up in fragments. 3 Peters, 307 ; 3…

1Opinion of the CourtChief Justice Taney

A- motion has been made to dismiss this appeal, upon, the ground, that rthe. decree in the Circuit Court is not a final decree, within the meaning of the.acts of Congress of 1789 and 1803.

The bill was filed by the appellee, as the assignee in bankruptcy of a certain Thomas Banks, in the Circuit Court of the United State? for the District of Louisiana, against the appellants, and Banks the bankrupt, and three other defendants. The object of the bin was to set aside sundry deeds made by Banks for lands and slaves, which the complainant charged to be fraudulent, and for an account of the rents…

2Cases cited2 opinions

  1. WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
  2. Todd v. DanielSupreme Court of the United States · 1842

3Cited by412 opinions

  1. Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
  2. Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981
  3. Cox Broadcasting Corp. v. CohnSupreme Court of the United States · 1975
  4. Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
  5. Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964

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