101 Tenn. 511 | Tenn. | 1898
In this cause the opinion of the. Court of Chancery Appeals was delivered and filed April 11, 1898. That Court has the same rule as this — that petitions to rehear must be filed
A motion is now made here, by the appellee from the final decree, to dismiss the appeal to this Court, because prayed and granted in the Court of Chancery Appeals more than ten days after such final decree. This motion is well taken. The Act of 1897, Ch. 131, p. 312, provides that, “ hereafter no writ of error, or appeal in the nature of a writ of error, shall be taken to the Supreme Court from any decree of the Court of Chancery Appeals after the expiration of ten days from the decree of the Court of Chancery Appeals.” Defendants’ appeal, when granted, could not therefore bring up the case for revision, and could, at most, only raise the question of error as to dismissal of petition . to rehear, and. this we have seen was correct.
Complainants insist that their right of appeal was
It is well settled that the pendency of a petition to rehear does not, per se, prevent the execution of a final decree, and parties may proceed to have it executed notwithstanding such petition, unless restrained by some order of the Court made thereon. That the Court, in a proper case, might vacate such a decree on the filing of a petition, and, upon its dismissal, again render a final decree, from which an appeal in ten days would lie, may be true, but no such action was taken in this case, even if the practice would be sustainable in a proper case, which we do not decide, but merely suggest, in this connection, for consideration when such question arises, and that it may not appear that any relief was impossible under the practice indicated.
We are all the more satisfied to lay down the rule in this case, because, if we could have considered it upon appeal, we are content with the decree on the merits. We have read the very careful and able opinion of the Court of Chancery Appeals, and, except in its assumption that the proceedings in the Greene County Court might be taken as a suggestion of insolvency, and in some other