Stewart v. Salamon (97 U.S. 361)

MOTION to dismiss an appeal from the Circuit Court of the United States for the Southern District of Georgia.

At its October Term, 1876, this court, in Stewart v. Salamon (94 U.S. 434), reversed the decree of the court below, and remanded the cause for further proceedings, in accordance with the opinion then delivered. After the mandate was filed in the Circuit Court, Stewart and Cutts petitioned for leave to file a plea of lis pendens, and an amended answer to the original bill. The petition having been overruled, and a final decree entered in accordance with the mandate, they appealed here. The appellees now move to dismiss the appeal.

Mr. Philip Phillips in support of the motion.

Mr. Alexander H. Stephens and Mr. Charles P. Culver, contra.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.