Dowell v. Applegate - 152 U.S. 327 (1894)

U.S. Supreme Court

Dowell v. Applegate, 152 U.S. 327 (1894)

Dowell v. Applegate

No. 209

Argued January 18, 1894

Decided March 5, 1894

152 U.S. 327

Syllabus

A final decree of a federal court, being unmodified and unreversed, cannot be treated as a nullity when assailed collaterally by one who was a party to the suit in which it was rendered.

In a suit by A to subject lands of B to sale in satisfaction of his claims, a decree in the complainant's favor is final, if not appealed from, and B cannot have the same issue retried in an independent suit based upon a title which he might have set up in the first suit, but did not.

When the Supreme Court of a State fails to give proper effect to a decree of a circuit court of the United States, this Court has jurisdiction over its judgment to correct the error.

The case is stated in the opinion.