Hume v. Bowie
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. This was an action brought by William B. Bowie in the Supreme Court of the District of Columbia against Frank Hume as indorser upon a promissory note. The defendant pleaded to the declaration, issue was joined, and on the trial of the cause a verdict was rendered May 25, 1888, in favor of the defendant.
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ERROR TO THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. This was an action brought by William B. Bowie in the Supreme Court of the District of Columbia against Frank Hume as indorser upon a promissory note. The defendant pleaded to the declaration, issue was joined, and on the trial of the cause a verdict was rendered May 25, 1888, in favor of the defendant. During the trial various exceptions were reserved to the rulings and instructions of the court, which were duly noted at the time by the presiding justice upon his minutes. A motion for a new trial was made and overruled June 2,1888, and…
1Opinion of the Court
Mr. Ciiiee Justice Fuller,
after stating the case, delivered the opinion of the court:
This case comes before us on a motion to dismiss the writ of error for want of jurisdiction, upon the ground that the judgment brought here by the writ is not a final judgment. Baker v. White, 92 U. S. 176; Rice v. Sanger, 144 U. S. 197: Brown v. Baxter, 146 U. S. 619. The question involved is one of power, for if the court had power to make the order, when it was made, then it was .not a final judgment, as it merely vacated the former judgment for the purpose of a new trial upon the merits of the original…
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