Samuel Forgay and Eliza Ann Fogarty, Wife of Wells, Appellants v. Francis Conrad, Assignee In Bankruptcy of Thomas Banks

Citation6 How. 201,47 U.S. 201,12 L.Ed. 404
PartiesSAMUEL L. FORGAY AND ELIZA ANN FOGARTY, WIFE OF E. W. WELLS, APPELLANTS, v. FRANCIS B. CONRAD, ASSIGNEE IN BANKRUPTCY OF THOMAS BANKS
Decision Date01 January 1848
CourtUnited States Supreme Court

47 U.S. 201
6 How. 201
12 L.Ed. 404
SAMUEL L. FORGAY AND ELIZA ANN FOGARTY, WIFE OF E. W.
WELLS, APPELLANTS,
v.
FRANCIS B. CONRAD, ASSIGNEE IN BANKRUPTCY OF
THOMAS BANKS.
January Term, 1848

THIS was an appeal from the Circuit Court of the United States for the District of Louisiana.

The facts in the case are set forth in the opinion of the court.

Mr. Sergeant moved to dismiss the appeal, because the decree of the court below was not final, and because the appeal was not regularly brought up. On the second point, he said that there were several defendants, one only of whom had appealed. But all the parties must join. 7 Peters, 399. He referred the court, however, upon this point, to Todd v. Daniel, 16 Peters, 521. A case must not come up in fragments. 3 Peters, 307; 3 Dall. 188.

To show that the decree was not final, he referred to The Palmyra, 10 Wheat. 502; Chace v. Vasquez, 11 Wheat. 429; Brown v. Swann, 9 Peters, 1; Young v. Grundy, 6 Cranch, 51; Rutherford v. Fisher, 4 Dall. 22; Lea v. Kelly, 1 Peters, 213; Young v. Smith, 12 Peters, 287.

Mr. May, contra.

Against the motion to dismiss, it is submitted,——

1st. There are proper parties to this appeal.

The appellants have separate and distinct interests, and the

Page 202

decree is several. Todd v. Daniel, 16 Peters, 523; McDonough v. Dannery, 3 Dallas, 188, 193, 198.

On order of court. The petition for an appeal by appellants alone is found in the record, p. 198. This was notice to the other defendants below of the appeal.

2d. The decree is final.

It decides the title of all the property in dispute, decrees that it be delivered up to the complainant, and that execution issue, &c. Wilson v. Daniel, 3 Dallas, 404. The whole law of the case, so far as the appellants are concerned, is settled by the decree; nothing is left to be done but the ministerial duty of stating an account, which in this case is in the nature of an execution to carry out the decree; the principles of the account are prescribed. It is like the case of Ray v. Law, 3 Cranch, 179 (explained in 10 Wheaton, 503). Whiting v. Bank of the United States, 13 Peters, 15.

Mr. Chief Justice TANEY delivered the opinion of the court.

A motion has been made to dismiss this appeal, upon the ground, that the decree in the Circuit Court is not a final decree, within the meaning of the acts of Congress of 1789 and 1803.

The bill was filed by the appellee, as the assignee in bankruptcy of a certain Thomas Banks, in the Circuit Court of the United States for the District of Louisiana, against the appellants, and Banks the bankrupt, and three other defendants. The object of the bill was to set aside sundry deeds made by Banks for lands and slaves, which the complainant charged to be fraudulent, and for an account of the rents and profits of the property so conveyed; and also for an account of sundry sums of money which he alleged had been received by one or more of the defendants, as specifically charged in the...

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508 cases
  • Pabellon v. Grace Line
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 26, 1951
    ... ... 399; Northwestern Nat. Ins. Co. v. Samuel R. Rosoff, Ltd., Md., 73 A.2d 461, 465. It was so ... But all interlocutory appeals in bankruptcy (most of which are now as of right) would be made ... and "collateral," within the doctrine of Forgay v. Conrad, 6 How. 201, 12 L.Ed. 404, and Cohen v ... ...
  • Local No 438 Construction General Laborers Union, Afl 8212 Cio v. Curry
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    ... ... Forgay v. Conrad, 6 How. 201, 12 L.Ed. 404; Carondelet ... ...
  • Sears, Roebuck and Co v. Mackey
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    ... ... See Forgay v. Conrad, 6 How. 201, 12 L.Ed. 404; Cohen v ... ...
  • Republic Natural Gas Co v. State of Oklahoma
    • United States
    • U.S. Supreme Court
    • May 3, 1948
    ... ... to the natural flow of their respective wells, but not more than 25% of that natural flow ... 616, 28 L.Ed. 1128 and compare Forgay v. Conrad, 6 How. 201, 204, 12 L.Ed. 404, with ... ...
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2 books & journal articles
  • Appealability of State Action Immunity: Navigating Federal Courts past the Crossroads Where Parker Immunity Meets the Collateral Order Doctrine.
    • United States
    • Suffolk University Law Review Vol. 52 No. 1, January 2019
    • January 1, 2019
    ...337 U.S. 541, 546-47 (1949) (holding immediate appeal appropriate for decision on right collateral to rights in action); Forgay v. Conrad, 47 U.S. 201, 205 (1848) (reflecting on potential detriment presented by final judgment requirement); Kornmehl, supra note 11, at 10-11 (stating importan......
  • Case Notes
    • United States
    • Hawaii State Bar Association Hawai’i Bar Journal No. 18-03, March 2014
    • Invalid date
    ...that the Confirmation Order was a final, appealable order in the absence of a final judgment under the exception in Forgay v. Conrad, 47 U.S. 201 (1848). The Hawaii Supreme Court agreed with Appellants that the Confirmation Order was a final appealable order under the Forgay doctrine. Appea......

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