Atlantic Lumber Co. v. Bucki & Son Lumber Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Southern District of Florida. These were actions brought in the state court, and consolidated after their removal into the circuit court. The plaintiff has sued out two writs of error, — -'the first from an order dissolving an attachment issued by the state court in one of the actions, which is submitted on a motion to dismiss; and the second from the final judgment after trial, which is disposed of on the merits.
1Opinion of the Court
On Motion to Dismiss.
PARDEE. Circuit Judge.
The defendant in error has made a motion to dismiss this writ of error on the ground that the judgment sought to be reviewed is a judgment dissolving a writ of attachment issued in a pending suit, and is not a final judgment within the meaning of the act of congress creating this court. 1 Supp. Rev. St. (2d Ed.) p. 901. The suit ivas commenced by plaintiff in error on the 1st day of October, 1897, by the issuance of a summons ad respond-endum in an action of assumpsit. On the same day an affidavit was filed for an attachment, on the ground that the…
2Cases cited2 opinions
- Leitensdorfer v. WebbSupreme Court of the United States · 1858
- Hamner v. ScottCourt of Appeals for the Eighth Circuit · 1894
3Cited by7 opinions
- 21 Turtle Creek Square, Ltd. v. New York State Teachers' Retirement SystemCourt of Appeals for the Fifth Circuit · 1968
- L. Bucki & Son Lumber Co. v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the Fifth Circuit · 1901
- Crooker v. KnudsenCourt of Appeals for the Ninth Circuit · 1916
- L. Bucki & Son Lumber Co. v. Atlantic Lumber Co.Court of Appeals for the Fifth Circuit · 1899
- Assets Collecting Co. v. Barnes-King Development Co.Court of Appeals for the Second Circuit · 1913
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