Washington Bridge Co. v. Stewart
Supreme Court of the United States
. This was an appeal from the Circuit Court of the United States, for the District of Columbia, held in and for the county of Washington, sitting as a court of equity. The same case was before the court at January term, 1840, and the decree of the court below affirmed by the Supreme Court, but in consequence of the court being equally divided, ho opinion was given, and no report of the cáse published.
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. This was an appeal from the Circuit Court of the United States, for the District of Columbia, held in and for the county of Washington, sitting as a court of equity. The same case was before the court at January term, 1840, and the decree of the court below affirmed by the Supreme Court, but in consequence of the court being equally divided, ho opinion was given, and no report of the cáse published. It now came up on an allegation that it was improperly brought up before,, as the decree, from which thu appeal was taken, was said not to be a final decree. The case was this:. The Washington…
1Opinion of the CourtJustice Wayne
This cause is now before us upon an appeal from a decree of the Circuit Court, made by it upon an auditor’s report, in conformity with the mandate issued by this court, when the cause was before.it upon a former occasion.
The appellants did not except to the auditor’s report, in the court below. When the cause was tried upon the first appeal, the decree of the Circuit Court was affirmed by a divided court.
We are now asked by the counsel, for the appellants to permit him to re-examine the decree of the ■ Circuit Court, upon its merits, affirmed as it was by the Supreme Court, upon the ground…
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