Cutting v. Woodward
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Suit by Henry J. Woodward and others against Henry, C. Cutting, from an interlocutory decree, defendant appeals.
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Appeal from the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Suit by Henry J. Woodward and others against Henry, C. Cutting, from an interlocutory decree, defendant appeals. The appellees, who were stockholders in the Monetary Trust Company, brought suit against the appellant, joining with him as a party defendant the Monetary Trust Company, to obtain a decree setting aside and canceling as fraudulent the purchase by the appellant from the Monetary Trust Company of 2,350 shares of the capital stock of the Point…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The appellees move to dismiss the appeal on the ground that the decree is not final. In McGourkey v. Toledo & Ohio Ry. Co., 146 U. S. 536, 545, 13 Sup. Ct. 170, 172 (36 L. Ed. 1079), the court observed that the cases on the subject of the finality of decrees “are not alto-*309getlier harmonious.” Both parties to this appeal cite decisions of the Supreme Court in support of their respective contentions. But the question, so far as the present case is concerned, is, we think, not difficult of solution. In determining whether a decree which does not dispose of the…
2Cases cited12 opinions
- Forgay v. ConradSupreme Court of the United States · 1848
- McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
- Thomson v. DeanSupreme Court of the United States · 1869
- Keystone Manganese & Iron Co. v. MartinSupreme Court of the United States · 1889
- Beebe v. RussellSupreme Court of the United States · 1857
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3Cited by2 opinions
- Miller Hatcheries, Inc. v. Buckeye Incubator Co.Court of Appeals for the Eighth Circuit · 1930
- Gardner v. Grand Beach Co.Court of Appeals for the Sixth Circuit · 1928