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WHEELER v. HARRIS

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80 U.S. 51 (1872)

13 Wall. 51

20 L.Ed. 531

WHEELER, v. HARRIS.

Supreme Court of United States.

February 5, 1872.

Attorney(s) appearing for the Case

Mr. Donohue, in support of his motion.

Messrs. Goodrich and Wheeler, contra.

The CHIEF JUSTICE:

It is quite true that two appeals are not allowed in the same case on the same question. We must determine which one of the two should be dismissed. It may be that the first appeal was from a decree which might be taken as final, if the second decree had not been rendered.* But it is obvious that the circuit judge did not regard it as final, and it was certainly defective. The second decree was rendered, not by inadvertence...

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