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· 1/27/1896

Gregory v. Van Ee

Citations

  • 160 U.S. 643
  • 16 S. Ct. 431
  • 40 L. Ed. 566
  • 1896 U.S. LEXIS 2126

Syllabus

<p>If the decree of a Circuit Court of Appeals is final under the sixth section of the judiciary act of March 3, 1891, a decree upon an intervention in the same suit must be regarded as equally so; and even if the decree on such proceedings may be in itself independent of the controversy between the original parties, yet if the proceedings are entertained in the Circuit Court because of its possession of the subject of the ancillary or supplemental application, the disposition of the latter must partake of the finality of the main decree, and cannot be brought here on the theory that the Circuit Court exercised jurisdiction independently of the ground of jurisdiction which was originally invoked as giving cognizance to that court as a court of the United States.</p>

Judges: Fullee

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