Winthrop Iron Co. v. Meeker
Annotate this Case
109 U.S. 180 (1883)
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U.S. Supreme Court
Winthrop Iron Co. v. Meeker, 109 U.S. 180 (1883)
Winthrop Iron Company v. Meeker
Submitted October 15, 1883
Decided November 5, 1883
109 U.S. 180
Stockholders in a corporation filed a bill praying to have proceedings at a meeting of stockholders in the corporation and proceedings of the board of directors, under a supposed authority derived therefrom, act aside as fraudulent and void, and a receiver appointed. The court below made a
decree setting aside the proceedings and appointed a receiver, and added to the decree a clause reserving to itself such further directions respecting costs &c., as might be necessary to carry the decree into execution. An appeal being taken, a motion was made to dismiss the appeal on the ground that the decree appealed from was not a final decree:
1. That the decree appealed from was final as to all the relief prayed for in the bill.
2. When a decree decides the right to and possession of the property in contest, and the party is entitled to have it immediately carried into execution, it is a final decree, although the court below retains possession of so much of the decree as may be necessary for adjusting accounts between the parties.