Indep. Sch.-Dist. Ackley, Hardin Cnty., Iowa v. Hall, 106 U.S. 428 (1882). · Go Syfert
Indep. Sch.-Dist. Ackley, Hardin Cnty., Iowa v. Hall, 106 U.S. 428 (1882). Cases Citing This Book View Copy Cite
“decree of sale in a foreclosure suit, which settles all the rights of the parties and leaves nothing to be done but to make the sale and pay out the proceeds, is a final decree for the purposes of an appeal.”
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Strongest positive: HSBC Bank USA v. Kirkland Townsend (ca7, 2015-07-16)
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examined Cited as authority (quoted) HSBC Bank USA v. Kirkland Townsend
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decree of sale in a foreclosure suit, which settles all the rights of the parties and leaves nothing to be done but to make the sale and pay out the proceeds, is a final decree for the purposes of an appeal.
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Independent School-Dist. Ackley, Hardin County, Iowa
v.
Hall
Supreme Court of the United States.
Dec 18, 1882.
106 U.S. 428

106 U.S. 428

1 S.Ct. 417

27 L.Ed. 237

INDEPENDENT SCHOOL-DIST. ACKLEY, HARDIN COUNTY, IOWA,
v.
HALL.

December 18, 1882.

Galusha Parsons, for plaintiff in error.

A. T. Britton and Walter H. Smith, for defendant in error.

WAITE, C. J.

1

These motions are denied. A failure to annex to or return with a writ of error an assignment of errors, as required by section 997 of the Revised Statutes, is no ground for dismissal for want of jurisdiction. If an assignment is filed in accordance with the requirements of paragraph 4, rule 21, it will ordinarily be enough.

2

There is not in this case such a color of right to a dismissal as to make it proper for us to consider the motion to affirm. Whitney v. Cook, 99 U. S. 607.