Morrison Waite

“ The authorities are uniform to the effect that a decree, to be final for the purposes of an appeal, must leave the case in such a condition that if there be an affirmance here the court below will have nothing to do but to execute the decree it has already entered. ”

“ From this statement it is apparent that the decree appealed from is not a 'final decree' within the meaning of that term as used in the statute allowing appeals to this court. The litigation of the parties on the merits of the case has not been terminated. An account of the rents collected by Kendall while in possession has not been taken; and the amounts due Dainese and Kendall, respectively, on the notes which they severally hold, have not been ascertained. ”

“ Brin erhoff, 106 U.S. 3; S.C.. 1 Sup. Ct. Rep. 15; Grant v. Phoenix Ins. Co., 106 U.S. 431; S.C.. 1 Sup. Ct. Rep. 414; St. Louis, I. M. & S. Ry. Co. v. Southern Express Co., 108 U.S. 28; S.C.. 2 Sup. Ct. Rep. 6 ”