Ayres v. Carver
Annotate this Case
58 U.S. 591 (1854)
U.S. Supreme Court
Ayres v. Carver, 58 U.S. 17 How. 591 591 (1854)
Ayres v. Carver
58 U.S. (17 How.) 591
Where a complainant filed a bill in chancery against numerous defendants; seven of whom were selected by the court to represent the rest, and after these seven had answered the bill, two of them filed a cross-bill against the original complainant and also against all their co-defendants, an appeal from a decree dismissing this crossbill will not lie to this Court. It must be dismissed for want of jurisdiction.
The two defendants who filed the cross-bill against the original complainant and also against their co-defendants claim the land in dispute by a paramount title. The complainant has nothing to do with a dispute between the defendants, nor can this properly be considered a cross-bill.
A decree dismissing this bill cannot be considered as a final decree in the suit. It will come up for review, like any other interlocutory proceeding, if upon a final decision the case should be brought up by appeal to this Court.
The facts are stated in the opinion of the Court.
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