Baker v. Power

124 U.S. 167, 8 S. Ct. 416, 31 L. Ed. 382, 1888 U.S. LEXIS 1848
CourtSupreme Court of the United States
DecidedJanuary 16, 1888
StatusPublished
Cited by1 cases

This text of 124 U.S. 167 (Baker v. Power) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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.

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Bluebook (online)
124 U.S. 167, 8 S. Ct. 416, 31 L. Ed. 382, 1888 U.S. LEXIS 1848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-power-scotus-1888.