Milwaukie & Minnesota Railroad v. Soutter

Supreme Court of the United States
Milwaukie & Minnesota Railroad v. Soutter, 69 U.S. 440 (1864)

Milwaukie & Minnesota Railroad v. Soutter

Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of the court, announcing that the order in question was a decree, and was a final decree, from which any party aggrieved by supposed error in finding the amount of interest, or in omitting to ascertain and apply to the reduction or discharge of interest the amount of moneys in the hands of the receiver or receivers, might appeal. The ruling of this..court in Perkins v. Fourniquet, cited by the appellant’s counsel, was a full and direct sanction to this conclusion.

Motion, denied.

Note.

For greater caution, Mr. Carpenter, before this motion was heard, had moved for a mandamus to vacate the already mentioned order of the Circuit. Court. The-appeal being allowed, that motion'was of course refused; the Chief Justice, in announcing, such refusal, saying that it was made without express*444ing any opinion as to tbe applicability of that remedy to the case before the court.

[For a further part of' this case, and for the reasons and justification (under the special facts) of the court below, in executing the mandate as it did, see Eailroad Company v. Soutter; infra, p. 610.]

Reference

Full Case Name
Milwaukie and Minnesota Railroad Company and Fleming v. Soutter, Survivor
Cited By
1 case
Status
Published
Syllabus
An order of the Circuit Court, on a hill to foreclose a mortgage, ascertaining — in intended execution of a mandate from this court — the amount of interest due on the mortgage, directing payment within one year,' and providing for an order of sale in default of payment, is a “decree”' and a “final decree,” so far as that any person aggrieved by supposed error in finding the amount of interest, or in the court’s below having omitted to carry out the entire mandate of this court, may appeal. Appeal is a proper way in which to bring the matter before this court.