Coeur D'Alene Turf Club, Inc. v. Cogswell

Before discussing the reasons why I believe the majority to be in error, I would like to dispose of the question of whether the issue of the finality of the judgment appealed from in this case is properly before this Court. The reference to the question of finality being raised “sua sponte” in the majority opinion at least implies that the issue is not properly before us.

Although it is at least arguable that respondents addressed themselves to the issue on oral argument (“We submit that the plaintiffs in this action have * * * sought the simultaneous jurisdiction of the Supreme Court and the…