Page:Federal Reporter, 1st Series, Volume 7.djvu/106

 94 "' FEDEBAIi EEPORTEB. �seq'aently we are 6f the opinion that this case ou^Ht to stand 'u'pSn this dpcket without any final adjudication until you il'ave concluded that litigation in Kentueky. You can take tfiat case to th.e supreme coiirt, and wlien the aupreme court ha's decided tHese questions that will be cphclusiVe upon all parties. There is no necessity, as we think, foir experiment- i'hg with all the circuit court judges in the country when you have one case wMch can be taken to the supremie court, and the iaw of the controversy there determined. In order, how- ever, to prote'ct the rights of the defendants as fully as pos- sible, we piropose to make no decree in, tins case at pfesenti but tp continue it until we khow what has beeh the reSiilt'of tHat case ; and if it goes to the supreme court, until you have an adjudication by that court. If we weire to decide the question now, we would say that these defendants are clearly estopped upon the evidence that is before us; but, as it is possible there might be a different decision in the court of Kentucky, we do not propose to render any decree upofl that case based lipon the opinion which we hold, We do propose, however, to say to counsel here that they must go on with that case in Kentucky, bring it to a final decree, take it to the supreme court, and have the law of the Case finally settled' by that tribunal, Unless they are estopped from doing so by some decision there; and we will take no further steps until you Haye ddne so. �Mr. BoYD. If your honor will pardon me, in regard to the course which your honor suggests there is one practical diffi- oulty, which rday render it impossible for us to get our rights there, and that is this : Your honor very well knows that in these motions for rehearing it is necessary that the parties sliould show and satisfy the court that as soon as the evi- dence came to their notice it was brought there by a motion for rehearing. Now, as a matter of fact, this evidence did not corne to the knowledge of any party until after that decree wag rQndered; but, as your honor will see, since this answer was set up nearly a year's time has elapsed. My object in bringing it up in this way, and not making a motion there, was that I supposed it would be fairer to the other side, that, ��� �