Vorhees v. John Noye Manuf Co

CourtUnited States Supreme Court
Citation14 S.Ct. 295,151 U.S. 135,38 L.Ed. 101
Docket NumberNo. 734,734
PartiesVORHEES v. JOHN T. NOYE MANUF'G CO
Decision Date03 January 1894

C. S. Montgomery, for appellant.

Charles J. Greene, for appellee.

THE CHIEF JUSTICE.

The decree in this cause was entered on January 7, 1891, at the November term, 1890, of the circuit court of the United States for the district of Nebraska, and at its foot the court minuted: 'Lucas A. Vorhees prays an appeal, which is allowed;' and also, 'L. A. Vorhees has leave to file motion for rehearing Saturday.' On the 10th of January, which was the Saturday following, the application of L. A. Vorhees for rehearing was filed.

It appears of record that on January 9, 1892, at the November, 1891, term of the court, 'this cause, coming on to be heard this day on the motion for rehearing filed herein, was argued and submitted to the court by solicitors for the respective parties; whereupon the court takes the same under consideration.' On February 3, 1892, at the January term, 1892, the record shows that the motion for rehearing of the cause 'on its merits was reargued and submitted to the court by solicitors for the respective parties,' and taken under advisement.

February 17, 1892, at the same January term, the motion for rehearing was denied, the court holding that 'it is now too late to sustain said motion, or to interfere with the decree.' March 23, 1892, the refusal of certain defendants to join in an appeal was filed, which refusal was dated January 17, 1891. April 15, 1892, an appeal bond was given by Lucas A. Vorhees, conditioned for the prosecution of the appeal allowed January 7, 1891, approved by the court and filed April 18, 1892. The record was filed in this court April 19, 1892, certified by the clerk of the circuit court April 5, 1892. The bond is certified to by the clerk of the circuit court under date April 21, 1892.

The jurisdiction of the court below depended solely upon the diverse citizenship of the parties; and by the act of March 3, 1891, (26 Stat. 826, c. 517,) the jurisdiction of this court in such cases was taken away, although preserved by the joint resolution of March 3, 1891, (Id. 1115,) as to pending cases, and cases wherein the appeal should be taken before July 1, 1891. The appeal was allowed January 7, 1891, but the decree did not take final effect as of that date for the purposes of an appeal, nor until February 17, 1892, because the application for rehearing was entertained by the court, filed within the time granted for...

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24 cases
  • Safeway Stores v. Coe
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • May 29, 1943
    ...a decree after the term at which it was entered has ended." Two other cases are cited in the Loperena case, Voorhees v. Noye Mfg. Co., 151 U.S. 135, 14 S.Ct. 295, 38 L.Ed. 101, and Gypsy Oil Co. v. Escoe, 275 U.S. 498, 48 S.Ct. 912, 72 L.Ed. 393. The former holds no more than that a timely ......
  • Southland Industries v. Federal Communications Com'n
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • June 15, 1938
    ...have jurisdiction to entertain an appeal while such a petition was pending before the Commission. Cf. Voorhees v. Noye Manufacturing Co., 1894, 151 U. S. 135, 14 S.Ct. 295, 38 L.Ed. 101; Vincent v. Vincent, 1884, 3 Mackey 320, 14 D.C. 320; Brown v. Evans, 18 F. 56, C.C.D.Nev., It follows th......
  • Coughlin v. Aetna Life Ins. Company
    • United States
    • North Dakota Supreme Court
    • June 23, 1923
    ... ... 31, 37 L. ed. 986, 14 S.Ct ... 196; Voorhees v. John T. Noye Mfg. Co. (1894) 151 ... U.S. 135, 38 L. ed. 101, 14 S.Ct. 295; ... ...
  • Payne v. Garth
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • November 2, 1922
    ...regard were called for' it would, because 'the application was passed upon as having been duly made,' presume such action. In Voorhees v. Noye Mfg. Co., supra, the question was the decree had become final at its entry or not until a motion for rehearing had been determined. The motion was f......
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