Opinion · Court of Appeals for the Ninth Circuit

Long v. Davis

Long v. Davis, 169 F.2d 982 (9th Cir. 1948)

Type: Opinion
Court: Court of Appeals for the Ninth Circuit
Jurisdiction: Federal
Date: 1948-09-21
Topic: general

PER CURIAM. 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.

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Cited by: 5 opinions

LONG v. DAVIS,169 F.2d 982(9th Cir. 1948)

LONG v. DAVIS et al.

No. 12024.

United States Court of Appeals, Ninth Circuit.

September 21, 1948.

Appeal from the United States District Court for the Southern District of California, Central Division; Paul J. McCormick, Judge.

Action between Mary F. Long and Donald D. Davis and others. From a judgmentPage 983granting a new trial the former appeals. On motion to dismiss the appeal.

Appeal dismissed.

Hunter Liljestrom, of Los Angeles, Cal., for appellant.

Milton V. Backman, of Salt Lake City, Utah, for appellees.

Before MATHEWS, STEPHENS and BONE, Circuit Judges.

PER CURIAM.

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),¹1946 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.Page 988

Now 28 U.S.C.A. § 1291. ↩