Commercial National Bank v. Consumers' Brewing Co.
Court of Appeals for the D.C. Circuit
Hearing on two appeals by the plaintiff, one a general appeal and the other an appeal specially allowed by this court, from a judgment of the Supreme Court of the District of Columbia, sustaining a demurrer to one of two counts of the declaration in an action on a promissory note. The Court in its opinion stated the case as follows: Two appeals have been taken in this case from the same judgment, and are presented on a single record.
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Hearing on two appeals by the plaintiff, one a general appeal and the other an appeal specially allowed by this court, from a judgment of the Supreme Court of the District of Columbia, sustaining a demurrer to one of two counts of the declaration in an action on a promissory note. The Court in its opinion stated the case as follows: Two appeals have been taken in this case from the same judgment, and are presented on a single record. The appellee has moved to dismiss each in turn as not properly taken, and the grounds of those motions must be first considered. The record shows the following…
1Opinion of the CourtJustice Shepard
1. It is quite clear that one of these appeals should be dismissed, and equally clear, notwithstanding the ingenious argument on behalf of the appellee, that one must stand.
The only difficulty lies in making the selection between them.
The argument made on the motion to dismiss the general appeal, supported as it is by pertinent decisions of the Supreme Court of the United States, seems to us to lead to a sound conclusion, and our judgment is that that appeal should be dismissed.
Notwithstanding the judgment was a disposition of the subject matter of the first count, the case, of which that…
2Cases cited19 opinions
- Forgay v. ConradSupreme Court of the United States · 1848
- McLish v. RoffSupreme Court of the United States · 1891
- McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
- Chicago Railway Equipment Co. v. Merchants' BankSupreme Court of the United States · 1890
- Hohorst v. Hamburg-American Packet Co.Supreme Court of the United States · 1893
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3Cited by1 opinion
- Bonuso v. Shroyer Loan & Finance Co.District of Columbia Court of Appeals · 1944