Martin v. Toye Bros. Yellow Cab Co.

Plaintiff-appellee moves for a dismissal of the appeal taken by defendant on the ground that the judgment appealed from is but an interlocutory one which can cause defendant no irreparable injury, and, therefore, it is unappealable.

The .record shows that plaintiff brought two suits for damages in tort against defendants in personam, the first of which was filed in the United States District Court for the Eastern District of Louisiana, and the other suit was lodged in the Civil District Court for the Parish of Orleans. It is conceded that the parties in the two suits are identical and that the…