United States Supreme Court Cases & Opinions

U.S. Supreme Court

Brockett v. Brockett, 43 U.S. 2 How. 238 238 (1844)

Brockett v. Brockett

43 U.S. (2 How.) 238

Syllabus

Where there are many parties in a case below, it is not necessary for them all to join in the appeal bond. It is sufficient if they all appeal and the bond be approved by the court.

No appeal lies from the refusal of the court below to open a former decree. But if the court entertains a petition to open a decree, the time limited for an appeal does not begin to run until the refusal to open it, the same term continuing.

Where an appeal is prayed in open court, no citation is necessary.

The case was not reached in regular order, but a motion was made, under the rule, to dismiss the appeal under the following state of facts.

Page 43 U. S. 239

A final decree was pronounced in the court below on 10 May, 1843, from which an appeal was prayed. A petition to reopen the decree was filed during the term and referred to a master, who reported on 9 June following. Upon his report the court refused to open its former decree, and from this refusal, as well as from the original decree, an appeal was prayed in which all the parties joined. On 15 June, the bond was executed by three of the parties, not being all.

Page 43 U. S. 240