Brown v. Union Bank of Florida
Supreme Court of the United States
This case was brought up, by- writ pf error, from the Court of Appeals for the Territory of .Florida. A motion was made by Mr. L. «#. Thompson to dismiss it, upon two grounds : -— 1. Because there was no service of the citation upon the defendant in error. 2. Because the judgment of the Court of Appeals of Florida, remanding the cause for a new trial below, was not a final judgment.
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This case was brought up, by- writ pf error, from the Court of Appeals for the Territory of .Florida. A motion was made by Mr. L. «#. Thompson to dismiss it, upon two grounds : -— 1. Because there was no service of the citation upon the defendant in error. 2. Because the judgment of the Court of Appeals of Florida, remanding the cause for a new trial below, was not a final judgment. The case was this. ■ .On the 5th of April, 1842, the Union Bank of Florida brought a suit against Thomas Brown, upon the following single bill : — “ Tallahassee, March 14th, 1841. “ Dolls. #22,266 “ One month…
1Opinion of the CourtJustice McLEAN
A motion is madp to 'dismiss this writ pf error, because the judgment of the court below was not final, and there has been no ■ service of the citation.
The motion is granted. The judgment below reversed the judgment of an inferior court, and remanded the cause to. that court, with instructions to award a venire '■facias de novo ; it was, therefore, not a final judgment, on which only a writ of error can issue.
Order.
'This cause came on to be heard on the transcript of the record from the Court of Appeals for the Territory of Florida, and it appearing on~ the motion of Mr. Thompson, of counsel…
2Cited by8 opinions
- Bostwick v. BrinkerhoffSupreme Court of the United States · 1882
- Haseltine v. Central Bank of SpringfieldSupreme Court of the United States · 1901
- Wilson v. Hartford Fire Ins.Court of Appeals for the Eighth Circuit · 1908
- Morgan v. ThompsonCourt of Appeals for the Eighth Circuit · 1903
- Hart v. BurnettCalifornia Supreme Court · 1862
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