City and County of San Francisco v. McLaughlin

RUDKIN, Circuit Judge.

This is an appeal from an order granting a motion to dismiss a bill in equity. The appellee* has directed our attention to the nature qf the order, but no motion to dismiss the appeal has been interposed, nor has any question been raised as to the jurisdiction of this court. If the order is not appealable, however, it is the duty of the court to raise the objection of its own motion. Section 128 of the Judicial Code (Comp. St. § 1120) provides that the Circuit Courts of Appeals shall exercise appellate jurisdiction to review, by appeal or writ of error, final decisions…