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WABASH & ERIE CANAL V. BEERS, 66 U. S. 54 (1861)

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U.S. Supreme Court

Wabash & Erie Canal v. Beers, 66 U.S. 1 Black 54 54 (1861)

Wabash & Erie Canal v. Beers

66 U.S. (1 Black) 54

APPEAL FROM THE CIRCUIT COURT OF THE

UNITED STATES FOR THE DISTRICT OF INDIANA

Syllabus

A decree of the circuit court adjudging that the defendant pay a certain sum into court within a limited time or in default thereof the court will appoint a receiver is a final decree from which an appeal lies.

Beers filed his bill in the circuit court, averring inter alia that the defendants, as trustees of the Wabash & Erie canal, had certain moneys in their hands, arising from the sales of land and from tolls on the canal; that he, the complainant, had a lien on the proceeds of the land and upon the tolls, of which lien the defendants had notice, but refused to satisfy it. The bill prayed a decree that the defendants pay to the plaintiff the amount so due to him on a day to be named by the court, and that, in default of such payment, the canal be put into the hands of a receiver. The circuit court found the facts to be as alleged in the bill, ascertained the amount due the plaintiffs to be $3,755 60, and therefore ordered, adjudged, and decreed that the defendants pay into the clerk's office on or before November 1 the sum found due

"or, in default thereof, the court will, at the next term of this court, on motion of the complainant, appoint a receiver to take possession of said canal, or some portion thereof, for such time and on such terms as shall be according to the rules of this court and just and equitable to the parties. "

Page 66 U. S. 55

MR. CHIEF JUSTICE TANEY.

This decree is final. It is decisive of the case made upon the record. It is positive, and not alternative. It leaves no question of right between the parties open for future adjudication. The decree orders the money to be brought into court within a limited time, and the court warns the defendants that if they fail or make default a particular measure will be taken to compel obedience. There is no want of finality here.

The motion is denied.





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