Montgomery v. Anderson,
62 U.S. 386 (1858)

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U.S. Supreme Court

Montgomery v. Anderson, 62 U.S. 21 How. 386 386 (1858)

Montgomery v. Anderson

62 U.S. (21 How.) 386


Where the district court of the United States, sitting in admiralty, decreed that a sum of money was due, but the amount to be paid was dependent upon other claims that might be established, this was not such a final decree as would justify an appeal to the circuit court.

The circuit court therefore, had no jurisdiction, and its judgment affirming the decree of the district court and remanding the case to that court was erroneous.

Moreover, if it had jurisdiction, it was not authorized to remand the case to the district court. The appeal had carried up the fund, and the circuit court should have executed its own decree.

An agreement of counsel, filed in this Court, stating that the whole fund had been distributed will not correct the error. This Court has heretofore decided that consent of counsel will not confer jurisdiction.

The decree of the circuit court must be reversed, and the case remanded to that court, with directions to dismiss the case for want of jurisdiction.

The case is stated in the opinion of the Court.

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