Legal Opinion

Asher v. Ruppa

Court of Appeals for the Seventh Circuit

Decided February 8, 1949No. 9747PublishedCited by 68 opinions

1Opinion of the Court

KERNER, Circuit Judge.

Plaintiffs have appealed from an order dismissing their complaint upon the ground that it did not state a claim upon which relief could be granted.

Before proceeding to discuss the merits of this appeal, we pause to consider the claim of Derzon, that the order dismissing the complaint for failure to state a claim upon which relief could be granted is not a final order; in other words, the jurisdiction of this court is questioned on the ground that the order is not one from which an appeal will lie. With this view we are unable to agree.

A judgment is final for the purpose…

2Cases cited9 opinions

  1. Montgomery Ward & Co. v. LangerCourt of Appeals for the Eighth Circuit · 1948
  2. Carroll v. Morrison Hotel CorporationCourt of Appeals for the Seventh Circuit · 1945
  3. Cool v. International Shoe Co.Court of Appeals for the Eighth Circuit · 1944
  4. Southwest Pipe Line Co. v. Empire Natural Gas Co.Court of Appeals for the Eighth Circuit · 1929
  5. Crutcher v. JoyceCourt of Appeals for the Tenth Circuit · 1943

4 more not listed; retrieve them via the Exa API.

3Cited by68 opinions

  1. John Marshall v. Grant Sawyer, as Governor of the State of NevadaCourt of Appeals for the Ninth Circuit · 1962
  2. Shuput v. LauerWisconsin Supreme Court · 1982
  3. Lawrence Mitchell and Algerie Mitchell v. Archibald & Kendall, Inc.Court of Appeals for the Seventh Circuit · 1978
  4. Newton v. City of Grundy CenterSupreme Court of Iowa · 1955
  5. James J. Duane, Jr. v. Walter P. AltenburgCourt of Appeals for the Seventh Circuit · 1962

63 more not listed; retrieve them via the Exa API.

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