Winthrop Iron Co. v. Meeker

Citations

• 109 U.S. 180
• 3 S. Ct. 111
• 27 L. Ed. 898
• 1883 U.S. LEXIS 954

Syllabus

<p>Appeal — Fined Judgment.</p> <p>'Stockholders in a corporation filed a bill praying to have proceedings at a meet-. ing of stockholders in the corporation and proceedings of the board of directors, under a supposed authority derived therefrom, set aside as fraudulent and void, and a receiver appointed. The court below made a decree setting aside the pioceedings and appointed a receiver; and added to the decree a clause reserving to itself such further directions respecting costs, &e., as might be necessary to carry the decree into execution. An appeal being taken, a motion was made to dismiss the appeal on the ground that the decree, appealed'from was not a final decree : Held,</p> <p>1. That the decree appealed from was final as to all the relief prayed for in the bill.</p> <p>2. When a decree decides the right to and possession of the property in contest,, and the party is entitled to have it immediately carried into execution, it is a final decree, although the court below retains possession of so much of the decree as may be necessary for adjusting accounts between the parties.</p>