In re Walter
In re Walter
Opinion of the Court
delivered the opinion of the Court:
This court is applied to for the exercise of its discretion and the allowance of an appeal from a ruling or order made by the Supreme Court of the District of Columbia, at special term, whereby an order of dismissal of an action at law therein has been vacated or set aside, and the action reinstated on the docket of the court to be tried. It is alleged in the petition that the declaration in 'the action had been demurred to by the defendant, and the demurrer sustained; whereupon the plaintiff obtained leave to amend within ten days; but making default, the action was dismissed by the court, at special term, for want of prosecution. That after the term of the court had expired, and without amendment made, upon motion of the plaintiff, the order of dismissal was vacated and set aside and the case reinstated on the docket of the court. In this it is alleged there was error.
It is clear, we think, that the statute does not contemplate appeals in such a case as that presented by this petition. It is only from interlocutory orders that may affect rights of property or rights of persons, and where serious damage 01-injury may result before an appeal can be prosecuted from the final judgment or decree that may be entered, or where the reversal of the judgment, order, or decree, on appeal allowed by the statute, would not afford an adequate remedy, that an appeal should be allowed from interlocutory orders by the permission of the court, under the discretionary clause of the statute. The court must see that there is danger of substantial wrong and injury being done, and that to allow the appeal “ will be in the interest of justice,” before causing the proceedings of the court below to be arrested and delayed, by the prosecution of an appeal from a mere interlocutory order. Ordinarily, and especially in proceedings at law, mere interlocutory orders determine nothing as to the merits of the litigation; and the order here, reinstating the case, without saying whether it was regular or irregular, determined no question involving the justice or merits of the case, and therefore presents no cause for an appeal. To allow appeals from such orders would operate as an obstruction of justice, and be attended with no substantial good, but, on the contrary, would multiply litigation, and add costs and delay where expedition should be encouraged. Mere
The application for an appeal is denied, and the petition dismissed.
Petition dismissed.
Reference
- Full Case Name
- In re PETITION OF JAMES R. WALTER
- Status
- Published