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Humiston v. Stainthorp U.S. 106 (1865)

handle is hein.slavery/ussccases0416 and id is 1 raw text is: 106 HumISToN v. STAINTHORP. [Sup. Gt. Statement of the case. defendants. The facts are, that, from the return of the execution satisfied, the Federal court had no control over the parties. The case between the plaintifs in error against Griggs had been decided, the money made on the execution, and the debt paid. Upon the facts of the case, as they appear in the record, we have determined that no one of the questions described in the 28th section of the Judiciary Act necessarily arose or was decided by the Supreme Court of Minnesota. We think it unnecessary to particularize such decided questions as will give jurisdiction to this court under that act. We therefore dismiss the writ of error to the Supreme Court oi Minnesota. DISmISSAL ACCORDINGLY. HUMISTON V. STAINTHORP. A decree in chancery, awarding to a patentee a permanent injunction, and for an account of gains and profits, and that the cause be referred to a master to take and state the amount, and to report to the court, is not a final decree, within the meaning of the act of Congress allowing an appeal on a final decree to this court. STAINTHORP and Seguine had filed a bill in the Circuit Court for the Northern District of New York, against llumiston, for infringing a patent for moulding candles; and had obtained a decree against him. The decree was that the complainants were entitled to a permanent injunction, and for an account of gains and profits, and that the cause be referred to a master to take and state the amount and report to the court. A motion was now made to dismiss the cause for want of jurisdiction. .iMr. Gifford, in favor of the motion of dismissal: An appeali lies only from a final decree: this is an interlocutory one.

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