Hooven, Owens & Rentschler, Co. v. John Featherstone's Sons

Citations

• 111 F. 81
• 49 C.C.A. 229
• 1901 U.S. App. LEXIS 4361

Syllabus

<p>1. Appeal—Decree Final—Rights of Nominal Parties Undetermined.</p> <p>A decision which renders all the questions between tho parties served or appearing in the suit res adjudícala between themselves is a final judgment, and reviewable by appeal in the circuit court of appeals, although the rights of such parties against strangers to the suit, who were named as parties in some of tho papers, remain undetermined.</p> <p>2. Same—Necessary Parties.</p> <p>A decree in a suit to enforce a mechanic’s lien that a complainant shall take nothing by its action, and that it is entitled to no lien against a certain defendant named, is a final decision reviewabie by the sole appeal of the complainant, although another necessary parly, who was never served with process, and never appeared in the action, was named in the petition and summons as a defendant.</p> <p>3. General Decree that Complainant Take Nothing by the Action not Sustainable by Matter in Abatement.</p> <p>A general decree that the complainant take nothing by the suit, which does not clearly show that it rests upon some matter in abatement which prevents it from barring future actions upon the same cause, cannot be sustained by the sufficiency of the proof of such matter in abatement where there are pleas in bar in the answer, because the legal effect of such a plea is to sustain the latter pleas, and to work a complete estoppel of subsequent suits upon tho same cause of action.</p> <p>4. Facts Specially Found—Sufficiency to Warrant Judgment Reviewable without Objection.</p> <p>Where the court makes a special finding of facts in an action at law, the question whether or not Diese facts warrant the judgment rendered thereon is always open. for consideration by the appellate court on a writ of error without any objection or exception taken at the time of tho entry of tho judgment.</p> <p>6. Writ of Error and Appeal Permissible.</p> <p>In casos of doubt a party may take an appeal and sue out a writ of error, and the