Skillern Executors v. May Executors

CourtU.S. Supreme Court
CitationSkillern Executors v. May Executors, 10 U.S. 267, 6 Cranch 267, 3 L.Ed. 220 (1810)
Decision Date01 February 1810
PartiesSKILLERN'S EXECUTORS v. MAY'S EXECUTORS

THIS was a case certified from the circuit court for the district of Kentucky, the judges of that court being divided in opinion.

The former decree of the court below had been reversed in this court, and the cause 'remanded for further proceedings to be had therein, in order that an equal and just partition of the 2,500 acres of land, mentioned in the assignment of the 6th of March, 1785, be made between the legal representatives of the said George Skillern and the said John May.' (Vide ante, vol. 4. p. 141.)

The cause being before the court below upon the mandate, the question occurred which is stated in the following certificate, viz. 'In this case a final decree had been pronounced, and by writ of error removed to the supreme court, who reversed the decree, and after the cause was sent back to this court it was discovered to be a cause not within the jurisdiction of the court; but a question arose whether...

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32 cases
  • Messinger v. Anderson
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • June 17, 1909
    ... ... 16 Sup.Ct. 291, 40 L.Ed. 414; Roberts v. Cooper, 20 ... How. 467, 481, 15 L.Ed. 969; Skillern v. May, 6 ... Cranch, 267, 3 L.Ed. 220 ... In ... Skillern v. May it was discovered ... ...
  • In re Richardson
    • United States
    • U.S. Bankruptcy Court — District of Utah
    • February 7, 1983
    ...of error, or appeal, be reversed for that cause. But they are not absolute nullities." Id., p. 199. See, also, Skillern\'s Executors v. May\'s Executors, 6 Cranch 267 3 L.Ed. 220; Des Moines Navigation Co. v. Iowa Homestead Co., 123 U.S. 552, 557, 559 8 S.Ct. 217, 219-220, 31 L.Ed. 202; Dow......
  • William Wrigley, Jr., Co. v. LP Larson, Jr., Co., 488.
    • United States
    • U.S. District Court — Northern District of Illinois
    • March 14, 1925
    ...re Sanford Tool Co., 160 U. S. 247, 255, 16 S. Ct. 291, 40 L. Ed. 414; Roberts v. Cooper, 20 How. 467, 481, 15 L. Ed. 969; Skillern v. May, 6 Cranch, 467, 3 L. Ed. 220; Brown v. Lanyon Zinc Co., 179 F. 309, 310, 102 C. C. A. 497; Messinger v. Anderson, 171 F. 785, 789, 96 C. C. A. 445; Biss......
  • Banco Nacional de Cuba v. Farr
    • United States
    • U.S. District Court — Southern District of New York
    • July 30, 1965
    ...Aspen Mining & Smelting Co. v. Billings, 150 U.S. 31, 14 S.Ct. 4, 37 L.Ed. 986 (1893); Skillern's Executors v. May's Executors, 10 U.S. (6 Cranch) 267, 3 L.Ed. 220 (1810) (per curiam), newly discovered evidence, In re Potts, 166 U.S. 263, 17 S.Ct. 520, 41 L.Ed. 994 (1897); Mackall v. Richar......
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