J. W. Darling Lumber Co. v. Porter
Court of Appeals for the Fifth Circuit
In Error to the District Court of the United States for the Southern District of Mississippi; Edwin R. Holmes, Judge. Action by the J. W. Darling Lumber Company against Samuel Porter. From orders sustaining a demurrer and disallowing an application to file an amended declaration, plaintiff brings error.
1Opinion of the Court
PER CURIA M.
[1, 2] The record in this case shows no action by the trial court other than that on the 16th day of May, 1918, it made an order sustaining a demurrer to a declaration in an action at law, and that, at the succeeding term of the court, in November, 1918, it made another order disallowing an application of the plaintiff in the casé to *456file an amended declaration. The case is not one within any exception to the rule that the jurisdiction of this court to review by appeal or writ of error is limited to final decisions in the District Courts. Judicial Code, § 128 (Act March 3, 1911,…
2Cases cited3 opinions
- Amis v. SmithSupreme Court of the United States · 1842
- Dickinson v. Sunday Creek Co.Court of Appeals for the Fourth Circuit · 1910
- Treadwell v. Corker & SmithCourt of Appeals for the Fifth Circuit · 1917
3Cited by10 opinions
- Leonard v. Socony-Vacuum Oil Co.Court of Appeals for the Seventh Circuit · 1942
- Zadig v. ætna Ins. Co.Court of Appeals for the Second Circuit · 1930
- Dyar v. McCandlessCourt of Appeals for the Eighth Circuit · 1929
- Lockhart v. New York Life Ins.Court of Appeals for the Fourth Circuit · 1934
- Dye v. Farm Mortgage Inv. Co. of TopekaCourt of Appeals for the Tenth Circuit · 1934
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