THOMAS BROWN, PLAINTIFF IN ERROR,
v.
THE UNION BANK OF FLORIDA, DEFENDANT IN ERROR

U.S. | 1846-01-01
4 How. 465 Supreme Court of the United States (1846) Positive Treatment
Also reported at: 11 L. Ed. 1058 · SCDB 1846-013 · 1846 U.S. LEXIS 409
Cited by 7 cases
Opinion of the Court
Mr. Justice McLEAN

Mr. Justice McLEAN delivered the opinion of the court.

A motion is madp to 'dismiss this writ pf error, because the judgment of the court below was not final, and there has been no service of the citation.

The motion is granted. The judgment below reversed the judgment of an inferior court, and remanded the cause to. that court, with instructions to award a venire 'facias de novo ; it was, therefore, not a final judgment, on which only a writ of error can issue.

Order. 'This cause came on to be heard on the transcript of the record from the Court of Appeals for the Territory of Florida, and it appearing on~ the motion of Mr. Thompson, of counsel for the defendant in error, that there has been no. service of the citation in this cause, it is therefore now here ordered and adjudged by this court, that this .cause be, and the same is, hereby dismissed, with costs.

January 12th.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Bostwick v. Brinkerhoff, 106 U.S. 3 (U.S. 1882)
    …which disposes of the whole case on its merits, it is not finál. Consequently it has been uniformly held that a judgment of reversal with leave for further proceedings in the court below cannot be brought here on writ of error. Brown v. Union Bank, 4 How. 465; Pepper v. Dunlap, 5 id. 51; Tracy v. Holcombe, 24 id. 426; Moore v. Robbins, 18 Wall. 588; McComb v. Knox County, 91 U. S. 1; Baker v. White, 92 id. 176; Davis v. Crouch, 94 id. 514. This clearly is a.judgment of that kind. The highest court.of th…
  • Haseltine v. Cent. Bank OF Springfield, 183 U.S. 130 (U.S. 1901)
    …rendered, open to review by the Supreme Court. The writ was dismissed. A similar case is that of Great Western Telegraph Co. v. Burnham, 162 U. S. 339. This writ of error is therefore dismissed upon the authority of Brown v. Union Bank of Florida, 4 How. 465; Pepper v. Dunlap, 5 How. 51; Tracy v. Holcombe, 24 How. 426; Moore v. Robbins, 18 Wall. 588; St. Clair Co. v. Lovingston, 18 Wall. 628; Parcels v. Johnson, 20 Wall. 653; Baker v. White, 92 U. S. 176; Bostwick v. Brinkerhoff, 106 U. S. 3; Johnson v…
  • Van Ness v. Van Ness, 6 How. 62 (U.S. 1801)

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