Long

Long v. Davis

Good Law
169 F.2d 982·1948 U.S. App. LEXIS 2291
United States Court of Appeals for the Ninth CircuitSeptember 21, 1948No. 12024California124 words

Lead Opinion

This appeal is from a motion granting a new trial. The appeal was taken on July 9, 1948. Appellees moved to dismiss it on the ground that the order was not a final decision, within the meaning of § 128(a) of the Judicial Code, 28 U.S.C.A. § 225 (a), 1 1946 Edition, then in effect, and hence was not appealable. The motion is well founded. Sentinel v. Dinwiddie, 7 Cir., 41 F.2d 57 ; Hunt v. United States, 10 Cir., 53 F.2d 333 ; East Erie Commercial Co. v. Denial, 3 Cir., 66 F.2d 555 ; Frank Mercantile Corp. v. Prudential Ins. Co., 3 Cir., 115 F.2d 496 . Accordingly, it is granted and the appeal is dismissed.

Now 28 U.S.C.A. § 1291 .