The Dove
91 U.S. 381

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U.S. Supreme Court

The Dove, 91 U.S. 381 (1875)

The Dove

91 U.S. 381

Syllabus

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.

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