Hight v. Richmond Park Improvement Co.

Citations

• 45 App. D.C. 583
• 1917 U.S. App. LEXIS 2487

Syllabus

<p>Appeal and Error; Special Appeals; Writ oe Prohibition.</p> <p>1. The discretion reposed in this court in the matter of allowing special appeals on application from interlocutory decrees is exercised in those cases where the essential grounds of the action or defense may be determined on the pleadings, and thus much delay and expense in taking testimony may be avoided 5y a hearing on an appeal from such order.</p> <p>2. Where this court granted a special appeal from an order denying á motion to dismiss a bill in equity, and it thereafter appeared that between the dates of the order and the application for the special appeal, the cause had proceeded to final hearing on its merits, in which hearing the appellant had participated, and that the court below had announced its intention to enter a final decree for the plaintiff, the special appeal was dismissed as having been improvidently granted, and a rule which this court had issued against the lower court to show cause why that court should not be prohibited from entering a final decree was discharged.</p>