U.S. Court of Appeals for the Second Circuit, 1920

O'Brien v. Lashar

O'Brien v. Lashar
U.S. Court of Appeals for the Second Circuit · Decided April 7, 1920 · Hough, Manton, Ward
266 F. 215; 1920 U.S. App. LEXIS 1670

O'Brien v. Lashar

Opinion of the Court

PER CURIAM.

This appeal is not taken under section 129 of the Judicial Code (Comp. St. § 1121), but on the ground that the court below erred in not making the decree pro confess'© absolute, and also in opening it to permit the defendants to make motions to dismiss or to file answers. These orders are interlocutory, and as such not ap-pealable. If erroneous, they can be corrected only on appeal from a final decree in the cause.

Motion granted.

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