Atwood v. National Bank of Lima

SIMONS, Circuit Judge.

The appellants were plaintiffs below but their petition was dismissed upon sustaining of a three-pronged motion ■of the appellee calling, (1) for an order to make the complaint more definite, (2) for the adding of parties plaintiff, and (3) for dismissal of the action because of lack of jurisdiction based on diversity of citizenship. Since the order is final and appealable only in its third aspect, we conceive the question for review as limited to the jurisdiction, of the court to entertain the suit, and need not consider the paradox of a command to add definiteness and…