AMERICAN FIRE & CASUALTY CO.
v.
ALLISON

5th Cir. | 1951-05-25
No. 13333
189 F.2d 255 Court of Appeals for the Fifth Circuit (1951) Caution
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellee has filed a motion to dismiss the appeal on the ground that the order appealed from is not a final and appealable order. We agree. The appeal, instead of being from the final judgment entered against appellant on January 30, 1950, is from the order denying a motion to set that final judgment aside. It is settled law that such an order is not appealable. Cf. Cromelin v. Markwalter, 5 Cir., 181 F. 2d 948; French v. Jeffries, 7 Cir., 161 F. 2d 97; U. S. v. Muschany, 8 Cir., 156 F. 2d 196.

The appeal is Dismissed.


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