Menge v. Warriner

Citations

• 120 F. 816
• 57 C.C.A. 432
• 1903 U.S. App. LEXIS 4541

Syllabus

<p>1, Appeal — Finality of Judgment — Rule Governing in Federal Courts.</p> <p>The question of the finality of a judgment or decree for the purpose of review by writ of error or appeal in the federal courts is not affected by the procedure in the state courts, but is governed by the rules established by federal legislation, and by decisions of the federal courts.</p> <p>3. Same — Judgment of Dismissal as to one Defendant.</p> <p>In the federal courts an appeal or writ of error will not lie, in general, unless there has been a final disposition of the case as to all parties. A judgment of dismissal as to one of several defendants sought to be jointly charged is not final, so as to permit an appeal or writ of error while the action is still pending as to the other defendants.</p> <p>¶ 1. See Courts, vol. 13, Cent. Dig. § 937.</p> <p>¶ 2. What decrees are final, see note to Brush Electric Co. v. Electric Imp. Co. of San José, 2 C. C. A. 379.</p>