The Dove - 91 U.S. 381 (1875)
U.S. Supreme Court
The Dove, 91 U.S. 381 (1875)
91 U.S. 381
1. The decree of a district court dismissing a cross-libel for want of merit, from which no appeal was taken, determines the questions raised by such cross-libel, but does not dispose of the issues of law or of fact involved in the original suit.
2. By such dismissal, without appeal, both parties to the cross-libel are remitted to the pleadings in the original suit, and every issue therein is open on appeal as fully as if no cross-libel had ever been filed.
The facts are stated in the opinion of the Court.