Hoiness v. United States

I think we may, without doing violence to the statute, treat the decree of October 14, 1946 as a “final decision.” Clearly, the trial court understood it to be such, and the parties on both sides have so treated it for the purposes of the appeal.

*506Generally speaking, where an order or judgment has been entered effecting the final disposition of a cause, the federal appellate courts have applied the principle that the subsequent entry of a second judgment, making an identical disposition, cannot be permitted to operate as an extension of the statutory period for appeal. Accordingly, appeals from…