Legal Opinion
Frank Mercantile Corp. v. Prudential Ins. Co. of America
Court of Appeals for the Third Circuit
Decided October 25, 1940No. 7510PublishedCited by 9 opinions
1Per curiam
The defendant has appealed from an order of the district court for the Eastern District of Pennsylvania, granting a new trial after a verdict in its favor in a civil action. The appeal is brought to this court under Section 128(a) of the Judicial Code, 28 U.S.C.A. § 225(a), which confers upon this court “jurisdiction to review by appeal final decisions in the district courts.” The plaintiffs move to dismiss the appeal for want of jurisdiction, urging that the order appealed from was not a final decision.
The motion must be granted. It is clear upon reason and authority that an order granting a…
2Cases cited6 opinions
- James v. EvansCourt of Appeals for the Third Circuit · 1906
- Ft. Dodge Portland Cement Corp. v. MonkCourt of Appeals for the Eighth Circuit · 1921
- Wright v. Taft-Peirce Mfg. Co.Court of Appeals for the First Circuit · 1923
- Dry Dock, E. B. & B. R. Co. v. PetkunasCourt of Appeals for the Second Circuit · 1919
- Cottingham v. HersheyCourt of Appeals for the Third Circuit · 1934
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Tye v. Hertz Drivurself Stations, Inc.Court of Appeals for the Third Circuit · 1949
- Youdan v. Majestic Hotel Management Corp.Court of Appeals for the Seventh Circuit · 1942
- Aluminum Company of America v. Sam H. LovedayCourt of Appeals for the Sixth Circuit · 1959
- Libby, McNeill & Libby v. MalmskoldCourt of Appeals for the Ninth Circuit · 1940
- Scott v. JC Penney CompanyNew Mexico Supreme Court · 1960
4 more not listed; retrieve them via the Exa API.