Baxter v. Buchholz-Hill Transportation Co., 227 U.S. 637 (1913)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 227 U.S. 633, click here.

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.