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Sage v. Central Railroad Company of Iowa, 93 U.S. 412 (1876)

Sage v. Central Railroad Company of Iowa

93 U.S. 412


1. To make a nunc pro tunc order effectual for the purposes of a supersedeas, it must appear that the delay was the act of the court, and not of the parties, and that injustice will not be done.

2. A motion to set aside a decree, made by persons not parties to the suit, but who are permitted to intervene only for the purpose of an appeal from the decree as originally rendered, will not operate to suspend such decree.

3. Their separate appeal having been properly allowed and perfected, the case is here to the extent necessary for the protection of their interests.

4. A cause involving private interests only will not be advanced for a hearing in preference to other suits on the docket.

MOTION, 1. To vacate a supersedeas; 2. Dismiss the appeal: Mr. R. L. Ash~urst in support of the motions.

Page 93 U. S. 413

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