Opinion · Supreme Court of the United States
Ex Parte Cockcroft
Ex Parte Cockcroft, 104 U.S. 578 (1882)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1882-01-23
- Topic
- general
How later courts describe this case
- “Inasmuch . . . as the 2 There’s also reason to think that the county lacks prudential standing to appeal. See Kowalski v. Tesmer, 543 U.S. 125, 129 (2004
Citator
UpLaw has not yet analyzed Ex Parte Cockcroft. The absence of a flag is not a finding that it is good law.
- Cited by
- 28 opinions
Headnotes
- Civil Procedure — Appellate Review of Sale Orders A person who is not a party to a suit and who has not been made a party by express order of the court or by being treated as such has no right to appeal from an order entered in that suit; his application for an appeal is properly denied.
- Civil Procedure — Intervention One who was not a party to the suit, never sought to be made a party, holds none of the bonds entitled to a distributive share of the proceeds under the decree, and fails to show any real interest in the controversy, is heard only as a matter of favor and not because he has any right to intervene.
- Civil Procedure — Judicial Discretion A court, before confirming a sale, may in the exercise of its judicial discretion ascertain whether under all the circumstances such an order ought to be made, and its willingness to consider affidavits produced by a nonparty for that purpose is an act of abundant caution rather than a legal necessity, and does not make the affiant a party to the suit.
delivered the opinion of the court.
This' is a petition for a writ of mandamus requiring the Circuit Court of the United States for the District of South Carolina to allow an appeal by the petitioner from an order of the court entered on the 7th of October, 1881, confirming a sale of a railroad made pursuant to a decree filed on the 25th of September, 1880, in the suit of Calvin, Claflin, and Others v. The South Carolina Railroad Company and Others. The petitioner was not a party to the suit, neither does it appear that he ever asked to be made a party. • He is not the holder of any of the bonds that by the decree under which the sale was made are 'entitled to a distributive share of the proceeds. Unless the property should bring at another sale enough to satisfy the mortgages and leave the balance for distribution among the general creditors of the company, he can get no advantage from setting aside the sale which has already been made. In his showing to the Circuit Court lie certainly did not make it appear that he had any real interest in the controversy. He was evidently heard -as a matter of favor, and not because he had any right to intervene. Before' confirming the sale the court seemed desirous of ascertaining whether, under all the circumstances, in the exercise of its judicial discretion such an order ought to be made. For this purpose it was willing to consider the affidavits produced by .the petitioner. This seems to have been done out of abundant caution, nob because it was necessary in law.
Inasmuch, therefore, as the petitioner was not made a party *579 to the suit, either by an express order of the court' to that effect, or by being treated as such, his application for an _ap: .peal was properly denied. This case cannot be distinguished in principle from Ex parte Cutting, 94 U. S. 14.
Motion denied.