United States Supreme Court Cases & Opinions

U.S. Supreme Court

Stewart v. Salamon, 97 U.S. 361 (1878)

Stewart v. Salamon

97 U.S. 361

Syllabus

An appeal from the decree which the circuit court passed in exact accordance with the mandate of this Court upon a previous appeal will, upon the motion of the appellee, be dismissed with costs.

At its October Term, 1876, this Court, in Stewart v. Salamon, 94 U. S. 434, reversed the decree of the court below and remanded the cause for further proceedings in accordance with the opinion then delivered. After the mandate was filed in the circuit court, Stewart and Cutts petitioned for leave to file a plea of lis pendens and an amended answer to the original bill. The petition having been overruled, and a final decree entered in accordance with the mandate, they appealed here. The appellees now move to dismiss the appeal.