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

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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.

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