Baxter v. Buchholz-Hill Transportation Co., 227 U.S. 637 (1913)
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Baxter v. Buchholz-Hill Transportation Co., 227 U.S. 637 (1913)
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Baxter v. Buchholz-Hill Transportation Company No. 882 Submitted February 24, 1913 Decided March 10, 1913 227 U.S. 637
ERROR TO THE SUPREME COURT
OF THE STATE OF NEW YORK
Syllabus
The decree in a case is the dominant act, and cannot be given a greater effect than it purports to have and than would be warranted by the opinion that the court finally reached.
The fact that a court, in dismissing a libel without prejudice to a new suit, expressed a decision on the merits, which it afterwards, on motion, excluded, does not make the decree as finally entered a decision on the merits.
While a matter is still in its breast, the court may change its opinion and do so by changing the decree.
Writ of error to review 206 N.Y. 173 dismissed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Baxter v. Buchholz-Hill Transportation Co., 227 U.S. 637 (1913) in 227 U.S. 637 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=1XLMF2Q6MJVJ62D.
MLA: U.S. Supreme Court. "Syllabus." Baxter v. Buchholz-Hill Transportation Co., 227 U.S. 637 (1913), in 227 U.S. 637, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1XLMF2Q6MJVJ62D.
Harvard: U.S. Supreme Court, 'Syllabus' in Baxter v. Buchholz-Hill Transportation Co., 227 U.S. 637 (1913). cited in 1913, 227 U.S. 637. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=1XLMF2Q6MJVJ62D.
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