Baker v. Power

Supreme Court

Baker v. Power

124 U.S. 167, 8 S. Ct. 416, 31 L. Ed. 382, 1888 U.S. LEXIS 1848

Supreme Court of the United States·Decided January 16, 1888·Published·Cited by 1 cases

Opinion

Me. Chief Justice "Waite

delivered the opinion of the court.

This motion ■ is denied. If it be true, as is alleged, but which is by no means clear, that the decree appealed from was rendered by the district' judge when he had no vote in the cause, we still have jurisdiction of the appeal. Although the district judge may have had no right to a vote, he was rightfully a member of the Circuit Court, Rodd v. Heartt, 17 Wall. 354, 357, and a decree of that court entered under his super-’ vision and by his direction'would be a decree of the court, good until reversed or otherwise vacated. From such a decree an appeal can be taken.

Denied.

Free access — add to your briefcase to read the full text and ask questions with AI

Me. Chief Justice "Waite

delivered the opinion of the court.

This motion ■ is denied. If it be true, as is alleged, but which is by no means clear, that the decree appealed from was rendered by the district' judge when he had no vote in the cause, we still have jurisdiction of the appeal. Although the district judge may have had no right to a vote, he was rightfully a member of the Circuit Court, Rodd v. Heartt, 17 Wall. 354, 357, and a decree of that court entered under his super-’ vision and by his direction'would be a decree of the court, good until reversed or otherwise vacated. From such a decree an appeal can be taken.

Denied.

Baker v. Power, 124 U.S. 167, 8 S. Ct. 416, 31 L. Ed. 382, 1888 U.S. LEXIS 1848 (1888).

Pincite

124 U.S. 167 (Baker v. Power) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related