Ayres v. Carver - 58 U.S. 591 (1854)
U.S. Supreme Court
Ayres v. Carver, 58 U.S. 17 How. 591 591 (1854)
Ayres v. Carver
58 U.S. (17 How.) 591
Where a complainant filed a bill in chancery against numerous defendants; seven of whom were selected by the court to represent the rest, and after these seven had answered the bill, two of them filed a cross-bill against the original complainant and also against all their co-defendants, an appeal from a decree dismissing this crossbill will not lie to this Court. It must be dismissed for want of jurisdiction.
The two defendants who filed the cross-bill against the original complainant and also against their co-defendants claim the land in dispute by a paramount title. The complainant has nothing to do with a dispute between the defendants, nor can this properly be considered a cross-bill.
A decree dismissing this bill cannot be considered as a final decree in the suit. It will come up for review, like any other interlocutory proceeding, if upon a final decision the case should be brought up by appeal to this Court.
The facts are stated in the opinion of the Court.