BUTTERFIELD v. USHER


91 U.S. 246 (____)

BUTTERFIELD v. USHER.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Enoch Totten for the appellant, and Mr. Richard T. Merrick for the appellee.


MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

The decree here appealed from disposed finally of a motion made in the case, but not of the case itself. It simply set aside one sale that had been made, and ordered another. A decree confirming the sale would have been final. But this decree is analogous to a judgment of reversal with directions for a new trial or a new hearing, which, as has been often held, is not final. Where the practice allows appeals...

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