Legal Opinion

The Farmers'loan and Trust Co.

Supreme Court of the United States

Decided January 21, 1889No. 4. OriginalPublishedCited by 61 opinions

ORIGINAL. This was a petition for a writ of mandamus. The motion for leave to file the petition was presented October 22, 1888, and was granted that day and a rule to show cause issued, returnable on the 3d Monday of tie next November. The return was filed on the 26th of November, and argument was had on the 17th and 18th December^ The case is stated as follows by the court in its opinion.

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ORIGINAL. This was a petition for a writ of mandamus. The motion for leave to file the petition was presented October 22, 1888, and was granted that day and a rule to show cause issued, returnable on the 3d Monday of tie next November. The return was filed on the 26th of November, and argument was had on the 17th and 18th December^ The case is stated as follows by the court in its opinion. At the request of the Farmers’ Loan and Trust Company, a rule was granted, in the early part of the present term of this court, on the judges of the Circuit Court of the United'- States for the Northern…

1Opinion of the CourtJustice Miller

The reasons why the judges declined to allow this appeal" may be substantially divided into two. The first and most important of these is, that the order from which the appeal is asked is not a final decree, within the meaning of the act of Congress on that subject, but is a mere ancillary proceeding for the protection of the property pending an appeal from the principal decree now before this court. But the doctrine that, after a decree which disposes of a principal subject of litigation and settles the rights of the parties in regard to that matter, there may subsequently arise important…

2Cases cited5 opinions

  1. Forgay v. ConradSupreme Court of the United States · 1848
  2. Fosdick v. SchallSupreme Court of the United States · 1879
  3. Burnham v. BowenSupreme Court of the United States · 1884
  4. Williams v. MorganSupreme Court of the United States · 1884
  5. Blossom v. The Milwaukee, &C., Railroad CompanySupreme Court of the United States · 1864

3Cited by61 opinions

  1. Julian v. Central Trust Co.Supreme Court of the United States · 1904
  2. Newton v. Consolidated Gas Co. of NYSupreme Court of the United States · 1924
  3. Central Trust Co. v. Grant Locomotive WorksSupreme Court of the United States · 1890
  4. Mercantile Trust Co. v. Kanawha & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1893
  5. Odell v. H. Batterman Co.Court of Appeals for the Second Circuit · 1915

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