Pierce v. National Bank of Commerce

(after stating the facts as above). As the order of the court striking out parts of the cross-complaint of appellant was not final, it is not appealable, and cannot be considered on this appeal, as section 129 of the Judicial Code (Comp. St. § 1121) applies only to injunctions “granted, continued, refused, or dissolved, * * * or an application to dissolve an injunction shall be refused.” Ayres v. Carver, 17 How. (58 U. S.) 591, 15 L. Ed. 179; 3 C. J. 448. Prior to the enactment of this section by the Act of March 3, 1891, 26 Stat 828, and subsequent amendments, no appeal could be taken from…