S. M. Hamilton Coal Co. v. Watts
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Action by James R. Watts against the S. M. Hamilton Coal Company. On application of plaintiff, a judgment of dismissal was vacated (219 Fed. 1003), and the case was set for hearing, and defendant brings error. This is a writ of error to review aa order of the District Court vacating a judgment of dismissal and setting the cause down for trial upon the docket of the court.
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In Error to the District Court of the United States for the Eastern District of New York. Action by James R. Watts against the S. M. Hamilton Coal Company. On application of plaintiff, a judgment of dismissal was vacated (219 Fed. 1003), and the case was set for hearing, and defendant brings error. This is a writ of error to review aa order of the District Court vacating a judgment of dismissal and setting the cause down for trial upon the docket of the court. The action was originally brought in the state court by service of a summons without complaint, on July 13, 1907. An appearance was…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] An order of the character now under review, which is equivalent to one setting aside a judgment and granting a new trial, being in the discretion of the court below, is not within the jurisdiction of this court to review. If, however, the action of the court is beyond its jurisdiction, that question and that alone may be reviewed by writ of error. City of Manning v. German Ins. Co., 107 Fed. 52, 46 C. C. A. 144; Phillips v. Negley, 117 U. S. 665, 6 Sup. Ct. 901, 29 L. Ed. 1013.
[2] The order dismissing the complaint for failure to prosecute was a final…
2Cases cited5 opinions
- United States v. MayerSupreme Court of the United States · 1914
- Phillips v. NegleySupreme Court of the United States · 1886
- City of Manning v. German Ins.Court of Appeals for the Eighth Circuit · 1901
- Paddock v. PalmerNew York Supreme Court · 1900
- Sweeney v. O'DwyerNew York Supreme Court · 1904
3Cited by12 opinions
- Foster-Milburn Co. v. Knight, Chief JudgeCourt of Appeals for the Second Circuit · 1950
- Rines v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1953
- Zadig v. ætna Ins. Co.Court of Appeals for the Second Circuit · 1930
- Board of Sup'rs v. Knickerbocker Ice Co.Court of Appeals for the Second Circuit · 1935
- Joseph W. Littman v. Bache & Co.Court of Appeals for the Second Circuit · 1957
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