Can a decree dismissing a cross-bill be reviewed on an appeal?
MultiRegion, United States of America
The following excerpt is from France & Canada S.S. Co. v. French Republic, 285 F. 290 (2nd Cir. 1922):
And a decree dismissing a cross-bill is not a final decree, and therefore not the subject of an appeal. It simply disposes of a proceeding which is incidental to the principal matter in litigation, which can only be reviewed on an appeal from the final decree. Ayres v. Carver, 17 How. 591, 15 L.Ed. 179. The rule applied in writs of error and in appeals in equity applies with the same vigor in appeals in admiralty.
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