Decree

“ The decree will be modified accordingly so as to strike out that portion which dismisses the bill of complaint as to the Secretary of State, and so as to include him in the declaratory provision of the decree, and as so modified the decree is affirmed. It is so ordered. ”

“ That any of the parties hereto, complainants or defendants, may, irrespective of the filing of the above-described reports, apply at the foot of this decree for any other or further action or relief, and this Court retains jurisdiction of the above-entitled suits for the purpose of any order or direction, or modification of this decree, or any supplemental decree, which it may deem at any time to be proper in relation to the subject matter in controversy. ”

“ We are of opinion, that the decree is an interlocutory and not a final decree, in the sense of the act of congress. It is plain, that it does not dispose of the whole matter in controversy between the parties. And if an appeal could now lie upon the decree already rendered, an appeal could also lie, from time to time, from any future decree of distribution of any assets which may be collected after the former decree, toties quoties; without any final decision being made of all the matters in controversy. ”

“ Then they came near, and spake before the king concerning the king's decree Hast thou not signed a decree, that every man that shall ask a petition of any God or man within thirty days, save of thee, O king, shall be cast into the den of lions. ”

“ The decree is, in legal effect, one decree in favor of all the salvors, they having, as between themselves, unequal interests.
In all the cases where we have held that several sums decreed in favor of or against different persons could not be united to give us jurisdiction on appeal, it will be found that the matters in dispute were entirely separate and distinct, and were joined in one suit for convenience and to save expense. ”

“ In such cases, the court below acts under our mandate to execute our decree on those matters which remained for their future action; which is to be done in the same manner, pro tanto, as when the whole case was originally before it, in the first instance; according to the provisions of the first section of the act, with this exception; that they cannot act on any question of the title of the party to the full quantity confirmed, or decide against the validity of the surveys which have been confirmed by this Court. So far as our final decree goes, it must be taken to be conclusive. ”

“ The decree of the Circuit Court is therefore reversed, with costs, and the record remitted with instructions to enter a decree in favor of libellant, and have such further proceedings as to justice and right may appertain. ”

“ The case before us is a stronger one for an appeal than the case last mentioned. For here the decree not only decides the title to the property in dispute, and annuls the deeds under which the defendants claim, but also directs the property in dispute to be delivered to the complainant, and awards execution. ”

“ In computing the two years after the entry of a final
judgment, decree, or order sought to be reviewed in this court,
within which the writ of error must be brought or the appeal
taken, the day of the entry of such judgment, decree, or order
should be excluded. Credit Co. v. Arkansas Cent. Ry. Co., 128 U.
S. 258, 9 Sup. Ct. Rep. 107. ”

“ That decree was affirmed in general term. Upon appeal to this court, the decree in general term was itself affirmed, without modification, and the cause remanded for such proceedings as would be consistent with right and justice. ”

“ We will first examine the correctness of the general position, that an action at law cannot be maintained upon a decree in equity; and will, in the next place, inquire how far the jurisdiction of the court pronouncing this decree, and the efficiency of its proceedings with reference to the parties before it, may be inferred or rightfully taken notice of, from its style or character, or from proper judicial knowledge of the subject-matter of its cognizance, independently of a particular special averment. ”

“ The operation of a decree signed and enrolled has been suspended in special circumstances, or avoided by matter subsequent to the decree, upon a new bill for that purpose;' and he gives an instance occurring in the time of Charles II. These views are adopted by Mr. Justice Story in his work on Equity Pleading. See sections 415, and note, 428. We do not decide what precise form such a proceeding should take. The appellant will be advised by his counsel in this regard. ”

“ Massachusetts local practice regards the decree entered by the Superior Court on the rescript, rather than the order of the Supreme Judicial Court contained in the rescript, as the 'final decree' in the case. ”

“ The opinion upon this branch of the case is in harmony with the views we have just expressed in Nos. 84 and 85; and it follows that the decree must be, and it is, affirmed.
Mr. Justice BLACK concurs in the result. ”

“ We greatly wonder that to you alone it should seem fit to go against our authoritative sanction and decree, when it is quite clear, both from ancient custom and from the constitution, that the decrees of enactments ought to be unalterable, and that to no one is it permitted to disregard their edicts and statutes. ”

“ If they are conclusive in the State where pronounced, they are so everywhere. If open to examination there, they are so everywhere. A decree in chancery is, from its nature, equally conclusive with a judgment at law. 6 Wheat. 113, &c. It may not have equal efficacy in the State in which it is passed, with a judgment at law, in respect to the mode and means of its enforcement: but it is of like conclusiveness, as 'res adjudicata,' provided the court had jurisdiction of the parties and subject-matter. ”

“ First. Where a person will be directly affected by a decree, he is an indispensable party, unless the parties are too numerous to be brought before the court, when the case is subject to a special rule. ”

“ When “3” and “4” thus change places, “3” should be made to read: “The decree to provide in Christ a salvation sufficient for the elect”; and “4” should read: “The decree that a certain number should be saved,—or, in other words, the decree of Election.”Sublapsarianism of the first sort may be found in Turretin, loc. 4, quæs. 9; Cunningham, Hist. Theol., 416-439. A. J. F. Behrends: “The divine decree is our last word in theology, not our first word. It represents the terminus ad quem, not the terminus a quo. ”

“ The mode in which the jurisdiction shall be exercised is not so much a matter of substance as of form. Ordinarily a reference to a master before the final decree would be the formal method to pursue, but where, from oversight or other cause, this has been omitted, the parties may certainly agree (as was done here) to submit the matter to the court, upon a statement of facts, after the decree. ”

“ In order to ascertain the true intention of the decree of confirmation, and consequently of the mandate, and its effect; that part of the decree below which was affirmed, must be taken in connection with the petitioner's title, and the construction of it by this Court. Both courts confirmed the title to the whole quantity claimed: the difference between them was as to the two small surveys, which the court below rejected on their construction of the grant: being of opinion, that by its terms, the whole quantity must be surveyed in one place. ”

“ Ct. 291, in which this court said: 'When a case has been once decided by this court on appeal, and remanded to the circuit court, whatever was before this court, and disposed of by its decree, is considered as finally settled. The circuit court is bound by the decree as the law of the case, and must carry it into execution, according to the mandate. ”

“ Where the merits of a case are decided in the Circuit Court and the decree on appeal is reversed in this court and the mandate of the court is sent down directing the court below to execute the decree, it is well-settled law that it is too late to call in question the jurisdiction of the subordinate court. ”

“ Their decree, therefore, did not ascertain what land was confirmed, but ordered that it be 'selected by the said petitioner from the said eleven leagues when the same shall be located by the proper authority.' This decision of the board was affirmed by the District Court in October, 1859. ”

“ If the decree, set forth in the certificate, be deemed to be joint, and the persons above named, in the absence of summons and severance, to be necessary parties to the appeal, the Circuit Court of Appeals would be without jurisdiction. ”

“ We are by no means prepared to say that a complainant, after having appealed from a decree in his favour, can be permitted, pending the appeal, to carry into execution the decree which he is seeking to reverse in the appellate court, in order to obtain a decree for a larger sum. ”

“ In each of the cases now before the court, therefore, the circuit court of appeals, upon appeal from the interlocutory decree of the circuit court, granting an injunction and ordering an account, had authority to consider and decide the case upon its merits, and thereupon to render or direct a final decree dismissing the bill. ”