Charles L. Corn v. Guam Coral Company, Inc., Panciteria Far East, Inc. v. Guam Coral Company, Inc.

Good Law
318 F.2d 622·7 Fed. R. Serv. 2d 1162·1963 U.S. App. LEXIS 5161
United States Court of Appeals for the Ninth CircuitMay 28, 196317962_1California6,462 words

Opinion

Opinion

Hamley, J.

These two causes originated as actions on accounts stated, brought by appellee Guam Coral Company (Coral Company) against Charles L. Corn (Com) and Panciteria Far East, Inc. (Panciteria) in the Island Court of Guam. They were consolidated for trial and remain consolidated for consideration on appeal here.

After an adverse decision at trial, Corn and Panciteria gave notice of intention to move in the Island Court of Guam for a new trial on the ground of newly-discovered evidence. The notice was “quashed,” whereupon Com and Paneiteria appealed from this order to the, appellate division, District Court of Guam. The Island Court’s order quashing this notice was affirmed by the appellate division of the District Court, and appellants gave notice of appeal to this court.

We are met at the outset by a challenge to our jurisdiction. Appellee Coral Company has moved to dismiss this appeal on the ground that this court does not have jurisdiction to entertain appeals from final decisions of the appellate division, District Court of Guam.

The same question has also been raised in another appeal from a final decision of the appellate division, District Court of Guam, and currently under…

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