United States Supreme Court Cases & Opinions

U.S. Supreme Court

Hill v. Chicago & Evanston R. Co., 129 U.S. 170 (1889)

Hill v. Chicago & Evanston Railroad Company

No. 866

Submitted December 20, 1888

Decided January 21, 1889

129 U.S. 170

Syllabus

This Court has no jurisdiction of an appeal unless the transcript of the record is filed here at the nest term after the taking of the appeal.

It is not proper, on a motion to dismiss an appeal from a decree, to decide whether a prior decree was a final decree, or what orders and decrees made by the court below in the cause prior to the making of the decree appealed from can be reviewed here on the appeal.

Where the decree appealed from awarded a money decree against one defendant, and the plaintiff appealed, and the obligees named in the appeal

Page 129 U. S. 171

bond included that defendant and other defendants, and that defendant and some of the others moved to dismiss the appeal on the ground that that defendant should be the sole obligee, and that the only matter for review was as to the amount awarded against that defendant, held that the bond was in proper form, and that the motion must be denied.

Motion to dismiss. The case is stated in the opinion.