Baxter v. Buchholz-Hill Transportation Co.

Citations

• 227 U.S. 637
• 33 S. Ct. 402
• 57 L. Ed. 681
• 1913 U.S. LEXIS 2339

Syllabus

<p>The decree in a case is the dominant act and cannot be given a greater effect than it purports to haw ana than would be warranted by the opinion that the court finally reached.</p> <p>The fact that a court iri dismissing a libel without prejudice to a new suit expressed a decision on the merits, which it afterwards, o,n motion, excluded, does hot make-the decree as finally entered .a decision on the merits.</p> <p>While a matter is still in its breast, the court may change its opinion and do so by changing the decree.</p>