US SUPREME COURT DECISIONS

An appeal can be taken from a decree of a circuit court of the United States, entered under the supervision and by the direction of the district judge of the district sitting in the circuit court, although he may under the provisions of Rev.Stat. § 614, have had no right to a vote in the cause.

Motion to dismiss

"because the judgment in the circuit court from which this appeal was taken was rendered without consent of appellees by the judge of the United States district court of said district, sitting in the circuit court upon an appeal from his decision as district judge."

The following statement accompanied the motion.

"Appellants filed a libel in admiralty against appellees in the United States District Court for the District of Minnesota to recover damages alleged to have been sustained by collision &c. The district court dismissed the libel, and the libellants appealed to the circuit court. The circuit judge reversed the decree of the district court, and ordered the cause referred to a commissioner to examine proofs and report to the court the amount of damages. On a rehearing before the circuit justice, the decree and order of reference was sustained. The commissioner's report was confirmed by the district judge holding circuit court, and a judgment rendered by him, without consent of parties, from which judgment this appeal was taken. "

Page 124 U. S. 169