[DOWNLOAD] "Wabash and Erie Canal v. Beers" by United States Supreme Court * Book PDF Kindle ePub Free

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Title: Wabash and Erie Canal v. Beers
Author : United States Supreme Court
Release Date : January 01, 1861
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

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Mr. Gillet, for the appellees, moved to dismiss the appeal, and submitted that this was not a final decree, from which an appeal would lie to this court. He cited the Judiciary Act of 1789, sec. 22; Wells vs. Hoag, (7 Paige, 18;) Beebe vs. Russell, (19 How., 283;) Haskel vs. Roul, (1 McCord Ch. Rep., 32;) and argued that the cases of Fagoy vs. Conrad, (6 H., 201,) Perkins vs. Fonnquet, (ib., 206,) Pullem vs. Christian, (ib., 209,) are not opposed to this view. Mr. Usher, for the appellees, opposed the motion, and insisted that the decree was final. It is a simple adjudication of the question raised upon the bill, answer, and replication, and it is none the less a final decree because it is coupled with a threat of the court to appoint a receiver in case the defendants shall disobey it. He cited Harney vs. Bronson, (1 Leigh, 108;) Shepherd vs. Starke, (3 Mumford, 29;) Cook vs. Berry, (4 How., Miss., 503;) Larne vs. Larne, (2 Little, 261;) Hynds' Ch., 429; 2 Madd., 243; Newland, 49; 3 Dan. Ch. Prac., 1949.