William Taylor and Others v. George M. Savage, of Samuel Savage, Deceased

Mr. Justice STORY delivered the opinion of the court. The court have had this case under-consideration, and are' of opinion that it is completely governed by -,the decision made in the' same case at the last term of this court, which is reported in 1 Howard’s Rep. 282. An attempt has been made at'the bar to distinguish the former decision from that how sought, by suggesting -that- the former proceeded mainly upon the ground that .the appeal was irregularly made, and did not directly involve the question now argued. We think otherwise; and that the ground of that decision completely covers all that has been urged upon the present occasion,; not-as mere incidental.suggestions, but as the very hinge on which the case turned. Notwithstanding the opinion of this court then expressed, that the case might- be remanded to the District Court, for the pur-' pose of making the proper parties, the appellants have neglected, during a whole year, to take a single step for the remanding of the *397 case, or instituting any proceedings in the court below; which laches certainly ought not to produce any result in their favour. The appeal is, therefore, dismissed, and the cause is remanded to the District Courtof the northern district of Alabama, with leave to the appellants to make the proper parties, and to the new administrator, Benham, to become a party to the suit; and that such other proceedings be had as to law and justice shall appertain. ORDER. This cause came on to be heard on the transcript of the record from the District Court of the United States for the northern district-of Alabama, and was argued by counsel. On consideration whereof, It is ordered and decreed by this court, that this appeal be,- and the same is hereby dismissed, and' that this- cause be, and the samé is hereby remanded to the said District Court, with leave to the appellants to make the proper parties, and to the new administrator, Behham, to become a party to the suit; and that such other proceedings be had therein as te law and justice shall appertain.