Legal Opinion

Shumaker v. Security Life & Annuity Co. of America

Court of Appeals for the Third Circuit

Decided February 4, 1908No. 60PublishedCited by 5 opinions

In Error to the Circuit Court of the United States for the Eastern District of Pennsylvania.

1Opinion of the Court

DALLAS, Circuit Judge.

Section 6 of the act of Congress of March 3, 1891, by which this court was established, vested in it “jurisdiction to review, by appeal or by writ of error, final decisions”; but neither that statute nor any other has given it jurisdiction to review an interlocutory order refusing judgment for want of a sufficient affidavit of defense. Morris v. Dunbar, 149 Fed. 406, 79 C. C. A. 226; McLish v. Roff, 141 U. S. 665, 12 Sup. Ct. 118, 35 L. Ed. 893; Railway Co. v. Roberts, 141 U. S. 690, 12 Sup. Ct. 123, 35 L. Ed. 902; Webster Coal & C. Co. v. Cassatt (decided December 2,…

2Cases cited10 opinions

  1. McLish v. RoffSupreme Court of the United States · 1891
  2. Amy v. WatertownSupreme Court of the United States · 1889
  3. Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. RobertsSupreme Court of the United States · 1891
  4. Ætna Ins. v. ConferSupreme Court of Pennsylvania · 1893
  5. Ensign ex rel. Paine v. KindredSupreme Court of Pennsylvania · 1894

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3Cited by5 opinions

  1. Martin v. PartridgeCourt of Appeals for the Eighth Circuit · 1933
  2. Red Star Laboratories Co. v. PabstCourt of Appeals for the Seventh Circuit · 1938
  3. Werner v. ZintmasterCourt of Appeals for the Third Circuit · 1935
  4. Public Service Commission v. Philadelphia Rapid Transit Co.Court of Appeals for the Third Circuit · 1935
  5. Martin v. PartridgeCourt of Appeals for the Eighth Circuit · 1933

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