United States v. Northwestern Development Co.

(after stating the facts as above).

The defendant in error moves to dismiss the writ of error on the ground that the complaint in intervention filed by the United States in the court below is in the nature of a bill in equity, and that the action of the trial court with respect to such complaint was an exercise of its equity powers, and was, in substance, a final decree on the equity side of the court, and that such action and final decree cannot be reviewed in this court upon writ of error.

The principal action was at law, and, under a well-established rule, every judgment and order of a court is the character of the principal action.

“The character of the principal suit gives color to every judgment and decree pronounced in that case.” Nashville Ry. & Light Co. v. Bunn, 168 F. 862 , 94 C.C.A. 274 .

“Decrees upon controversies separable from the main suit may indeed be separately reviewed, but the jurisdiction of the Circuit Court over such controversies is not, therefore, to be ascribed to grounds independent of jurisdiction in the main suit.” Rouse v. Letcher, 156 U.S. 47, 50 , 15 S.Ct. 266, 268 , 39 L.Ed. 341 .

“The exercise of the power of disposition by a Circuit Court…