City Nat Bank of Ft Worth v. Hunter
Decision Date | 19 March 1894 |
Docket Number | No. 264,264 |
Citation | 38 L.Ed. 534,152 U.S. 512,14 S.Ct. 675 |
Parties | CITY NAT. BANK OF FT. WORTH v. HUNTER et al |
Court | U.S. Supreme Court |
In Bank v. Hunter, 129 U. S. 557, 579, 9 Sup. Ct. 346, will be found a full history of the litigation between the parties to the present appeal. The final decree was reversed, with costs, and the case was remanded, with directions to proceed in conformity with the opinion of this court. After the mandate and opinion of this court had been filed in the court below, the cause was again heard, and it was, among other things, adjudged:
From this decree the present appeal was prosecuted by the bank. The errors assigned are: (1) The court gave interest on the plaintiffs' portion of the fund to be divided; (2) costs were awarded against the defendant bank.
A. H. Garland and Heber J. May, for appellant.
[Argument of Counsel from pages 513-514 intentionally omitted] H. M. Pollard, for appellees.
Mr. Justice HARLAN, after stating the facts in the foregoing language, delivered the opinion of the court.
1. It is contended that the decree below, so far as it included interest in favor of the appellees, was not in conformity with the opinion of this court, and for that reason should be reversed. The claim is that such interest was 'nearly or quite $4,000.' In that view, has this court jurisdiction, upon appeal, to review the last decree?
In support of our jurisdiction, counsel rely upon Perkins v. Fourniquet, 14 How. 328. In that case it was claimed that the decree appealed from exceeded what was allowed upon a previous appeal by a sum larger than was necessary to give this court jurisdiction, and the question arose whether the alleged error could be reached by an appeal from the last decree. Chief Justice Taney, speaking for this court, said: ...
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