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IOWA V. ILLINOIS, 151 U. S. 238 (1894)

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U.S. Supreme Court

Iowa v. Illinois, 151 U.S. 238 (1894)

Iowa v. Illinois

No. 5, Original

Submitted December 11, 1893

Decided January 15, 1894

151 U.S. 238


At October term, 1892, an order was made appointing commissioners "to locate and mark the state line between the States of Iowa and Illinois pursuant to the opinion of this Court in this cause," reported in 147 U. S. 147 U.S. 1. At the same term, the commissioners filed a report of their doings, which was ordered to be confirmed, and it was further ordered

"that said commissioners proceed to determine and mark the boundary line between said states throughout its extent, and report thereon to

Page 151 U. S. 239

this Court with all convenient speed."

At the present term, the State of Illinois moved to set aside the order of confirmation. The State of Iowa resisted on the ground, among others, that the decree of confirmation was a final decree, which could not be set aside at a term subsequent to that at which it was entered. Held that the confirmation of the report was not a final decree deciding and disposing of the whole merits of the cause and discharging the parties from further attendance, that the court could not dispose of the case by piecemeal, and that until the boundary line throughout its extent is determined, all orders in the case will be interlocutory.

In the exercise of original jurisdiction in the determination of the boundary line between sovereign states, this Court proceeds only upon the utmost circumspection and deliberation, and no order can stand in respect of which full opportunity to be heard has not been afforded.

This was a motion to set aside a decree entered in this cause at October term, 1892.

The case is stated in the opinion.

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