HUMISTON
v.
STAINTHORP
HUMISTON
STAINTHORP
2 Wall. 106
Supreme Court of the United States (1864)
Positive Treatment
Also reported at: 17 L. Ed. 905 · SCDB 1864-049 · 1864 U.S. LEXIS 413
Cited by 21 cases
Opinion of the Court
Mr. Justice'NELSON delivered the opinion of the court, and after stating the case said:
The decree is not final within the act of Congress providing for appeals to this court, according to a long and well-settled clasp of cases, some of which we only need refer to in disposing of the case.*
MOTION GRANTED.
*
The Palmyra, 10 Wheaton, 502; Barnard et al. v. Gibson, 7 Howard. 650; Crawford v. Points, 13 Id. 11; Craighead v. Wilson, 18 Id. 199 Beebe et al. v. Russell, 19 Id. 283.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Marconi Wireless Tel. Co. of Am. v. United States, 320 U.S. 1 (U.S. 1943)…ers of district courts in suits to enjoin infringment, 28 U. S. C. § 227 (a); Simmons Co. v. Grier Bros. Co., 258 U. S. 82, 89, the decision was not final until the conclusion of the accounting. Barnard v. Gibson, 7 How. 649; Humiston v. Stainthorp, 2 Wall. 106; Simmons Co. v. Grier Bros. Co., supra, 89. Hence the court did not lack power at any time prior to entry of its final judgment at the close of the accounting to reconsider any portion of its decision and reopen any part of the case. Perkins v. Four…
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Smith v. Vulcan Iron Works, 165 U.S. 518 (U.S. 1897)…the final decree in the. cause. Acts of September 24, 1789, c. 20, §§ 13, 22, 1 Stat. 81, 84; March 3, 1803, c. 40, 2 Stat. 244; Rev. Stat. §§ 691, 692, 699, 701; Forgay v. Conrad, above cited ; Barnard v. Gibson, 7 How. 650; Humiston v. Stainthorp, 2 Wall. 106; Keystone Iron Co. v. Martin, 132 U. S. 91; McGourkey v. Toledo & Ohio Railway, 146 U. S. 536, 545 ; American Construction Co. v. Jacksonville &c. Railway, 148 U. S. 372, 378, 379. The provision of section 7 of the act of 1891, that where “ upon a…
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In re Potts, 166 U.S. 263 (U.S. 1897)…eedings in conformity with the opinion of this court. The decision and decree of this court did not amount, indeed, technically speaking, to a final judgment, because the matter of accounting still remained to be disposed of. Humiston v. Stainthorp, 2 Wall. 106; Smith v. Vulcan Iron Works, 165 U. S. 518. But they constituted an adjudication by this court of all questions, whether of law or of fact, involved in the conclusion that the letters patent of the plaintiff were valid and had been infringed. Applyi…
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- The Palmyra. Depau, 10 Wheat. 502 (U.S. 1825)