Legal Opinion
Ballard v. Mutual Life Ins. Co. of New York
Court of Appeals for the Fifth Circuit
Decided January 27, 1940No. 9197PublishedCited by 33 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
This appeal is (1) from an order denying appellants’ motion to dismiss appellee’s complaint in an original action for a declaratory judgment, and (2) from an order in an ancillary proceeding granting a tem-' porary injunction restraining the prosecution by appellants of two civil actions in the state courts of Florida.
The order overruling the motion to dismiss the original action is not a final judgment or decree from which an appeal is allowed to this court. Therefore, the appeal from such an order should be, and hereby is, dismissed.
The appeal from the order granting a…
2Cases cited11 opinions
- Simon v. Southern Railway Co.Supreme Court of the United States · 1915
- C. E. Carnes & Co. v. Employers' Liability Assur. Corp., Ltd. of LondonCourt of Appeals for the Fifth Circuit · 1939
- Smith v. AppleSupreme Court of the United States · 1924
- Sovereign Camp Woodmen of the World v. O'NeillSupreme Court of the United States · 1924
- Brotherhood of Locomotive Firemen & Enginemen v. PinkstonSupreme Court of the United States · 1934
6 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- H. J. Heinz Co. v. OwensCourt of Appeals for the Ninth Circuit · 1951
- J. Samuel Wacker v. J. G. Bisson, Consul General, Dominion of CanadaCourt of Appeals for the Fifth Circuit · 1965
- Mutual Life Ins. Co. of New York v. MoyleCourt of Appeals for the Fourth Circuit · 1940
- Commercial Casualty Ins. Co. v. FowlesCourt of Appeals for the Ninth Circuit · 1946
- Standard Acc. Ins. v. MeadowsCourt of Appeals for the Fifth Circuit · 1942
28 more not listed; retrieve them via the Exa API.