Ward v. Geary

This case is before us on a motion to dismiss the appeal for want of jurisdiction, the point being that there was no *59final order of the district court, from which alone an appeal would lie. At the same time the motion was argued, counsel for the respective parties argued and submitted the,case on its merits, to be considered only in the event of the overruling of the motion.

The action was originally brought in equity by Thomas B. Ward, administrator of the estate of James Carroll, deceased, against Thomas Geary, to recover a sum of money which the administrator claimed belonged to the estate…