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WINTHROP IRON CO. V. MEEKER, 109 U. S. 180 (1883)

U.S. Supreme Court

Winthrop Iron Co. v. Meeker, 109 U.S. 180 (1883)

Winthrop Iron Company v. Meeker

Submitted October 15, 1883

Decided November 5, 1883

109 U.S. 180


Stockholders in a corporation filed a bill praying to have proceedings at a meeting of stockholders in the corporation and proceedings of the board of directors, under a supposed authority derived therefrom, act aside as fraudulent and void, and a receiver appointed. The court below made a

Page 109 U. S. 181

decree setting aside the proceedings and appointed a receiver, and added to the decree a clause reserving to itself such further directions respecting costs &c., as might be necessary to carry the decree into execution. An appeal being taken, a motion was made to dismiss the appeal on the ground that the decree appealed from was not a final decree:


1. That the decree appealed from was final as to all the relief prayed for in the bill.

2. When a decree decides the right to and possession of the property in contest, and the party is entitled to have it immediately carried into execution, it is a final decree, although the court below retains possession of so much of the decree as may be necessary for adjusting accounts between the parties.

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