[DOWNLOAD] "Hinckley v. Gilman" by United States Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Hinckley v. Gilman
- Author : United States Supreme Court
- Release Date : January 01, 1876
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Mr. R. Biddle Roberts in support of the motion. The appellant is not a party to the suit, and cannot be. Being merely the officer or representative of the court, without any personal interest whatever in the litigation, the right to discharge him rests with the court, at any stage of the controversy; and from the exercise of this right he cannot appeal. High on Receivers, 536; In re Colvin, 3 Md. Ch. 300; Ellicott v. Warford, 4 Md. 80. Only those who are parties to the record can sue out a writ of error. Phillips's Practice, p. 64, and cases there cited. The same rule applies to appeals. Id. p. 65. On the eighth day of April, the final decree was entered, from which an appeal was not prayed, nor could it, in the ollowing October, be taken, much more than sixty days having then elapsed. Kitchen v. Randolph, 93 U. S. 86. The decree of Sept. 27, requiring the payment of money into court, was merely interlocutory, transferring the possession of property in litigation. The rule of finality cannot apply to it. Forgay v. Conrad, 6 How. 201. This doctrine is sustained by Thomson v. Dean, 7 Wall. 342; Railroad Company v. Bradley, 7 id. 577; Stowall v. Banks, 10 id. 583; and it would seem to be the settled law in this court.