Jabine v. Sparks

Citations

• 131 F. 440
• 65 C.C.A. 424
• 1904 U.S. App. LEXIS 4298

Syllabus

<p>1. Appeal and Error — Final Determination.</p> <p>The case coming on to be heard on ifiaintiffs’ demurrer to defendant’s return in a mandamus proceeding, the court made an order, and plaintiffs excepted to so much of it as ordered the appointment of a collector of taxes without first ordering the removal of the sheriff. Thereafter plaintiffs filed a reply to defendant’s return, and the court required defendant to file a rejoinder in a certain time. Held, that the court had allowed further pleading, so that its order, which would have become final had plaintiffs stood by their demurrer, was not a final determination authorizing a writ of error.</p>