Heike v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. ■ The facts are stated in the opinion'. A judgment, to be appealable, need not be one that finally determines the case. If the judgment from which an appeal is taken, settles a collateral matter distinct from the general subject of the litigation, it is a final, appealable judgment within the law. McLish v. Boff, 141 U; S. 661; Booker v..
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. ■ The facts are stated in the opinion'. A judgment, to be appealable, need not be one that finally determines the case. If the judgment from which an appeal is taken, settles a collateral matter distinct from the general subject of the litigation, it is a final, appealable judgment within the law. McLish v. Boff, 141 U; S. 661; Booker v.. United States, 186 U. S. 135, only hold that appeals direct to this cQurt under § 5 of the act of March 3, 1891, may be taken from a final judgment alone. They leave'…
1Opinion of the Court
.Me; Justice Day.
delivered the opinion óf the court.
The plaintiff in error, Charles-R, Heike, Was indicted-with others on January 10, 1910, for alleged, violations'of the customs laws of .the United States in connection, with: the fraudulent importation of sugar, and also for conspiracy under § 5440 of the Revised Statutes of the United States to defraud the United States of its revenues. Heike appeared and filed a. special plea in bar- claiming" immunity from prosecution under the act of February 25, 1903, c. 755, 32 Stat. 904, as amended June 30, 1906, c. 3920, 34 Stat. 798. .The plea set…
2Cases cited8 opinions
- Brown v. WalkerSupreme Court of the United States · 1896
- Burton v. United StatesSupreme Court of the United States · 1905
- McLish v. RoffSupreme Court of the United States · 1891
- St. Louis, Iron Mountain & Southern Railroad v. Southern Express Co.Supreme Court of the United States · 1883
- Ex Parte National Enameling and Stamping CompanySupreme Court of the United States · 1906
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3Cited by112 opinions
- Flanagan v. United StatesSupreme Court of the United States · 1984
- United States v. MacDonaldSupreme Court of the United States · 1978
- Berman v. United StatesSupreme Court of the United States · 1937
- Parr v. United StatesSupreme Court of the United States · 1956
- Heike v. United StatesSupreme Court of the United States · 1913
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