United States Supreme Court Cases & Opinions

U.S. Supreme Court

Terry v. Sharon, 131 U.S. 40 (1889)

Terry v. Sharon

No. 1462

Submitted April 8, 1889

Decided May 13, 1889

131 U.S. 40

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA

Syllabus

In a bill in equity in a circuit court of the United States to revive, in the name of the executor of the plaintiff a suit in equity which had gone to final decree, a decree of revival, entered after due notice to defendants, and after their appearance and pleading to the bill, is a final decree, from which an appeal lies to this Court.

When a cause in equity in a circuit court from which an appeal would lie to this Court has gone to final decree, and the executor of the plaintiff files his bill in that court to revive the suit in his name, and his prayer is granted, and an appeal is taken from the decree granting it, this Court will not, on the hearing of that appeal, consider the merits of the original case nor the jurisdiction of the court below over it if there is sufficient in the record to give an apparent jurisdiction.