Thomson v. Dean
Supreme Court of the United States
This was a motion to dismiss an appeal from the Circuit Court'for "West Tennessee, on the ground that the decree from which it was taken was not final. The record showed that the controversy related to the ownership and transfer of two hundred and four shares of the stock of the Memphis Gaslight Company, and to the rights of the parties under contracts relating to the purchase, Bale, and transfer of the stock.
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This was a motion to dismiss an appeal from the Circuit Court'for "West Tennessee, on the ground that the decree from which it was taken was not final. The record showed that the controversy related to the ownership and transfer of two hundred and four shares of the stock of the Memphis Gaslight Company, and to the rights of the parties under contracts relating to the purchase, Bale, and transfer of the stock. The decree directed that Dean, the defendant below and appellant here, transfer forthwith upon the books of the company one hundred and ninety-four shares of the stock to one of the…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
The question is whether the decree in this case was final for the purpose of appeal?
The eighth rule of the court, prescribing the practice of the United States courts in equity, directs that “if the decree be for the performance of any specific act, it shall prescribe the time within which the act shall be done, of'which the defendant is bound to take notice,” and that, “on affidavit by the plaintiff of non-performance within the prescribed time, the clerk shall issue a writ of attachment against the • delinquent party, from which he shall…
2Cases cited2 opinions
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- Bostwick v. BrinkerhoffSupreme Court of the United States · 1882
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