OpenJurist

124 US 167 Baker v. Power

124 U.S. 167

8 S.Ct. 416

31 L.Ed. 382

BAKER et al.
v.
POWER et al.1

January 16, 1888.

Wm. H. Bliss, for the motion.

J. H. Davidson, against the motion.

WAITE, C. J.

1

This motion is denied. If it be true, as is alleged, but which is by no means clear, that the decree appealed from was rendered by the district judge when he had no vote in the cause, we still have jurisdiction of the appeal. Although the district judge may have had no right to a vote, he was rightfully a member of the circuit court, (Rodd v. Heartt, 17 Wall. 357,) and a decree of that court entered under his supervision and by his direction would be a decree of the court, good until reversed or otherwise vacated. From such a decree an appeal can be taken.

1

See 14 Fed. Rep. 483.

[Argument of Counsel from pages 167-169 intentionally omitted]