Ballard v. Searls

Citations

• 130 U.S. 50
• 9 S. Ct. 418
• 32 L. Ed. 846
• 1889 U.S. LEXIS 1724

Syllabus

<p>Searls, tbe appellee, filed a bill in tbe Circuit Court of the United States for the Eastern District of Michigan against Worden for infringement of letters patent.. After hearing, a decree was entered in that case in his favor for the recovery of $24,960.31 damages and costs. Worden appealed . to this court, but gave no supersedeas bond. Thereupon execution issued on the decree, which was levied on certain lots, the property of Ballard the appellant. Searls then filed his bill in the Circuit Court in aid of the execution, praying to have a conveyance by Worden to Ballard of the lots levied upon set aside, as made to defraud Worden’s creditors. On the final'hearing of that, case the conveyance was set aside as fraudulent, from which Ballard took this appeal. Meanwhile Worden’s appeal in the patent suit was reached on the docket in this court, and, after hearing, the judgment below was reversed, and the- cause was remanded to the Circuit Court, with directions to dismiss the bill. See 121 U. S. T4.Thereupon Ballard moved in this case, on the records in the two'cases, and on affidavits, to reverse the decree of the court below, and to remand this cause to the Circuit Court, with direction to dismiss the bill. Held, that if such a -course could properly be taken’ in’ any case, it would be improper.to take it' in this case; but that, as the appellant might be subjected to great injustice if the cause should go to hearing on the appeal in the present condition of the record, the cause should be remanded with instructions to the Circuit Court to allow the defendant below to file such supplemental bill as he might be advised, in the nature of a bill of review, or for the purpose of 'suspénding or avoiding the decree, upon the new matter arising from the reversal of the former, decrée in Worden v. Searls.</p>