McLelland v. Thurston
McLelland v. Thurston
Opinion of the Court
delivered the opinion of the Court:
A motion has been made to dismiss this appeal because the decree appealed from was entered in strict conformity with the mandate of this court.
See Thurston v. McLellan, 34 App. D. C. 294. — Reporter.
Reference
- Full Case Name
- McLELLAND v. THURSTON
- Status
- Published
- Syllabus
- Appeal and Erbob. Where, upon the reversal by this court of a decree of the lower court, dismissing a bill to vacate as fraudulent an assignment of a claim against a decedent’s estate, a decree was entered in conformity with this court’s mandate, from which decree the defendant appealed, a motion to dismiss the appeal was overruled, on the ground that, although he might have appealed to the Supreme Court of the United States from the first decree of this court, he had the option of waiting until a decree was entered below on the mandate, and then taking an appeal as a necessary step towards an appeal to the Supreme Court; and the decree below was affirmed.