Cole

Cole v. Rustgard

Good Law
5 Alaska Fed. 716·68 F.2d 316·1933 U.S. App. LEXIS 4947
United States Court of Appeals for the Ninth CircuitDecember 18, 1933No. 7155California496 words

Opinion

Lead Opinion

Garrecht, J.

This is an appeal (erroneously termed writ of error, the writ of error having been abolished in 1928, 28 U.S.C.A. §§ 861a and 861b), from'am order of the District Court setting aside and quashing service of summons for the reason that the summons so served' was uncertified, certification being required by the laws of the Territory of Alaska. Section 878 of the Compiled Laws of Alaska reads as follows : “The summons shall be served by delivering a copy thereof, together with a copy of the complaint prepared and certified by the plaintiff, his agent, or attorney, or by the clerk of the court. * * * ”

The jurisdiction of the Circuit Courts of Appeals extends to review of final decisions of the District Courts ( 28 U.S.C.A. § 225 ), except as to certain inter *718 locutory orders or decrees provided in. 28 U.S.C.A. § 227 , and in cases where direct appeal lies to the Supreme Court of the United .States. With these excepted classes we are not here concerned. If the order appealed from is not a final order, and not being within the exceptions to the rule, this court is without jurisdiction to review the order. While the point is not raised by counsel, this court takes judicial…

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