Legal Opinion

Bank of Rondout v. Smith

Supreme Court of the United States

Decided March 4, 1895No. 113PublishedCited by 37 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA. This was a bill filed by the National Bank of Rondout, New York, against David R. Smith, in his own right and as surviving copartner of D. K. Smith & Company,' E. P. Smith, Thomas R. McGahan, Daniel C. Stelling, Moses Brown and others, composing the firm of M..

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF SOUTH CAROLINA. This was a bill filed by the National Bank of Rondout, New York, against David R. Smith, in his own right and as surviving copartner of D. K. Smith & Company,' E. P. Smith, Thomas R. McGahan, Daniel C. Stelling, Moses Brown and others, composing the firm of M.. Brown, Sons & Copapany, in the Circuit Court of the United States for the District of South Carolina, alleging that the bank recovered a judgment in that court December 15, 1887, against D. it. Smith, surviving copartner of D. R. Smith & Company, for…

1Opinion of the CourtChief Justice Fuller

A decree to be final for the purposes of appeal must leave, the case in such a condition that if there be an affirmance in this court, the court below will have nothing to do but execute the decree it has already entered. Dainese v. Kendall, 119 U. S. 53. In this case the record contains no decree disposing of the case as to all the parties. The orders were as follows: December 3, 1890 : “ This cause having come on to be heard at- the November term, 1890, upon the demurrer of Daniel C. Stelling to the bill of complaint herein, and counsel on both sides having' been heard: It is thereupon…

2Cases cited4 opinions

  1. Hill v. Chicago & Evanston RailroadSupreme Court of the United States · 1891
  2. Dainese v. KendallSupreme Court of the United States · 1886
  3. Mendenhall v. HallSupreme Court of the United States · 1890
  4. Hill v. Chicago & Evanston RailroadSupreme Court of the United States · 1889

3Cited by37 opinions

  1. Collins v. Metro-Goldwyn Pictures CorporationCourt of Appeals for the Second Circuit · 1939
  2. Republic of China v. American Express Co., Inc.Court of Appeals for the Second Circuit · 1951
  3. Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
  4. Attorney General of Utah v. PomeroyUtah Supreme Court · 1937
  5. Hunteman v. New Orleans Public Service, Inc.Court of Appeals for the Fifth Circuit · 1941

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