The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-27
THE COURTS
UNITED STATES SUPREME COURT.

Equity-Judicinl Discretion II Exercised In
the CONFIRMATION Rejection Of sale
Under Decree In Chancery-The Order APP
peaiabIe.
James Souser and Shepherd Knapp Survivors #
Greene c. Bronso deceased, appellants The Miiwau-
kss and Minne@ta Railroad Company and a Gross Ap-
pea-AppeaIs from the Circuit Court for the District OF
Wisconsin.
MIR. Justice Miller delivered the opinion Of the
Court
These are appeals taken BY different parties upon the
same record is record OF suit for the
OF mortgare the Western Division Of the La Crosse
and Milwaukee Railroad and tho appellants Souter and
Knapp who were plaintiffs in the court below have ap-
pealed from the nal decree foreclosure on the
ground that did include certain property which
they were entitled to have sold under said mortgage
Upon the questions involved 10 tins appeal inc mem
divided in opinion, and the decree and orders com
planned OF therefore affirmed The appeal OF the
Minnesota company 10 from an order confirming the sale
made by the Marshal under the decree just Affirmed
The facts out Of which the appeal grew were these:
The original decree was rendered by the
District Court Of sconsin then possessing full circuit
powers the 18th Of January 1882 and on the "a OF
October 1862 the Marshal made sac under thaI de,
cree. In the meantime the act OF July 10 1852 mad
established Circuit Court for the District Of wisconsin
whereby al then pending in the District Court
which might have been brought or which could nae
boon originally cognizable in . Circuit Court, were
to said Circuit Court and the District Court
was deprived Of all Circuit powers Inc Marshal there
Court on the 9th day OF October, 1892 After several
orders partially confirming the sale the Circuit Janu
ary IT. $685. cot IL aside, and ordered the Mar
shall sell again according to the original decree On
the 25th OF April thereafter the Marshal made enotne
sale On the 50 ns,rc ours shers
they had rendered final Judgments or decroes PRIOR to
the act Of July, 1852 In cases which might hsve been
brought and could have been originally cognizabN Ia
Circuit Court issue writs Of execution or other nual
proccss such other powers and as
mcnts and DEGREES aforesaid Acting under this law the
Marshal reported this sale TO the Dsr Ct Court and that
crs .nnsa IN 10 he crcut Conr FOR s on be Mar
shall to make report OF his sale TO that cour which
Application was refused they nov Appeal rom , ,hss
reversal the ground that the District ourt had no
power 70 oct 10 tho matsp OF the confirmation Of the
SALE and that properly belonged TO tho Circuit Court
Tie decision OF this question must depend upon the
construction OF the OF March 8 1863 the LANGUAGE
IL IL very clear that the Jurisdiction belonged
to the Circuit Court We have on former
OCCASION given a construction OF that act from which
we see no reason to depart In the case Of Bronson
La Crosse Railroad Company Il Wal. 4o3) We hed
that powers conferred by this act on the District
immatcrizl duties Of officers in tho execution OF hnai
powers and that II other powers become necessary re-
course must De nad 70 me Circuit cour. sos !"
Chancery often nvo the exercise Of Judgment ana
discreet delicate that called for by any function
which beIoncs In the Court In the case before Us over
forty exceptions taken 10 the Marshais report OF
SALE by three different parties who resisted its connr-
nation end the ourt delivered elaborate opinion on
the matter involved IN these exceptions when
they were under consideration the 0rst sale:
This strongly illustrates the fact that judicial
Judgment may be called into exercise BY
the action OF tho Court In the OF Blossom vs. the
Milwaukee and Chicago Railroad Company Il WAL oS5l,
We held that tho conhrmat on rejection OF sale
under chan cry decree red the exercise Of s,ch
judicial discreet on and therefore appeal could he
taken TO this court from such an order These p,incl.
pies mu Z control the before Thew lead 70 tho
conclusion that action OF the District Court com
PINNED OF by appeants. was without authority, and
must be set ade aud that this must bs remanded
20 the Circuit Court, with discretion to cntsr ralc
against the Marshal made the sale to report II 20
this opinion.