Butterfield v. Usher
Supreme Court of the United States
Appeal from the Supreme Court of the District of Columbia. On the 7th June, 1872, a decree was rendered, by the Supreme Court of the District of Columbia in a suit in equity between Horace S. Johnston, plaintiff, and George Usher, defendant, directing a sale of certain lands, the property of Usher. In pursuance of this decree, a sale of the property was made to John W. Butterfield on the 30th of September.
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Appeal from the Supreme Court of the District of Columbia. On the 7th June, 1872, a decree was rendered, by the Supreme Court of the District of Columbia in a suit in equity between Horace S. Johnston, plaintiff, and George Usher, defendant, directing a sale of certain lands, the property of Usher. In pursuance of this decree, a sale of the property was made to John W. Butterfield on the 30th of September. This sale was reported to the court Oct. 16; and on the 15th November an order of confirmation was entered, unless cause to the contrary should be shown on or before Dec. 10. Cause was not.…
1Opinion of the CourtChief Justice Waite
The'' decree here appealed from disposed finally of a motion made in the case, but not of the case itself. It simply set aside one sale that had been made, and ordered another. A decree confirming the sale would have been final. But this decree is ^analogous to a judgment vof reversal with directions for a new trial or a new hearing, which, as has been often held, is not final. Where the practice allows appeals from interlocutory ■' decrees, an appeal might lie from such a decree as this. " Such was the practice in*New York. 2 Rev. Stat. (N. Y.) 605, sects. 78, 79; id. 178, sects.'59,. 62.…
2Cases cited2 opinions
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- Delaplaine v. LawrenceNew York Court of Chancery · 1844
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- Chase v. DriverCourt of Appeals for the Eighth Circuit · 1899
- Stokes v. WilliamsCourt of Appeals for the Third Circuit · 1915
- Rector v. United StatesCourt of Appeals for the Eighth Circuit · 1927
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