Legal Opinion
Street & Smith Publications, Inc. v. Spikes
Court of Appeals for the Fifth Circuit
Decided November 25, 1939No. 9210PublishedCited by 4 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
This appeal is from an order of the district court overruling a motion to quash the process. The appellee moves to dismiss the appeal on the ground that the order appealed from is neither a final decision nor an interlocutory order or decree which this court has appellate jurisdiction to review under Sections 128 and 129 of the Judicial Code, as amended, 28 U.S.C.A. §§ 225 and 227.
This is an action for damages for an alleged libel; it was filed in a Texas state court by appellee against appellant; service of process was had upon appellant by delivering to K. H. Page, its…
2Cases cited5 opinions
- La BourgogneSupreme Court of the United States · 1908
- Ex Parte TiffanySupreme Court of the United States · 1920
- Church v. ChurchCourt of Appeals for the D.C. Circuit · 1921
- Emlenton Refining Co. v. ChambersCourt of Appeals for the Third Circuit · 1926
- Mellon v. MertzDistrict Court, District of Columbia · 1929
3Cited by4 opinions
- Ballard v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Fifth Circuit · 1940
- Boston Medical Supply Co. v. Lea & FebigerCourt of Appeals for the First Circuit · 1952
- Metalock Repair Service, Inc. And Lois R. Morrison v. Hal W. HarmanCourt of Appeals for the Sixth Circuit · 1956
- George A. Shaheen v. Honorable Paul D. Shriver, as Judge of the District Court of Guam, Unincorporated Territory of GuamCourt of Appeals for the Ninth Circuit · 1955