Cummings v. Clark

DICKINSON, District Judge.

The question of law raised goes to “a part of the claim” of the plaintiff, but not “to the whole” of it. In consequence, we now enter no judgment or order. Counsel may be able to put the record in such shape as that final judgment may be entered to await any appellate action either party may desire to take. The question is a very interesting one, and is made interesting because of its difficulty. The difficulty is in reaching any judgment which will not visit upon one party or the other an unrequited loss. In common with many situatidns, our view of the merits of…