WABASH AND ERIE CANAL
v.
BEERS

U.S. | 1861-12-01
1 Black 54 Supreme Court of the United States (1861) Positive Treatment
Also reported at: 17 L. Ed. 41 · 1861 U.S. LEXIS 451 · SCDB 1861-006
Cited by 3 cases

Opinion of the Court
Mr. Chief Justice TANEY.

Mr. Chief Justice TANEY.

This decree is final. It is decisive of the case made upon the record. It is positive, and not alternative. It leaves no question of right between the parties open for future adjudication. The decree orders the money to be brought into court within a limited time, and the court warns the defendants that if they fail or make default a particular measure will be taken to compel obedience. There is no want of finality here.

The motion is denied.


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Cited By

  • Republic Natural Gas Co. v. Oklahoma, 334 U.S. 62 (U.S. 1948)
    …s a matter of state law, therefore, the judgment on the condemnation order was interlocutory. See, however, as to this Catlin v. United States, 324 U. S. 229, 234; Luxton v. North River Bridge Co., 147 U. S. 337. Cf. Wabash and Erie Canal v. Beers, 1 Black 54; Milwaukee and Minnesota R. Co. v. Soutter, 2 Wall. 440. Control of production, of course, is the core of state conservation programs. In Champlin Rfg. Co. v. Comm’n, 286 U. S. 210, proration orders limiting production of oil wells to as little as…
  • R.R. Co. v. Swasey, 23 Wall. 405 (U.S. 1874)

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