Baker v. Power/Opinion of the Court

United States Supreme Court

124 U.S. 167

Baker  v.  Power

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.

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