Chappell v. O'Brien

U.S. Court of Appeals for the D.C. Circuit
Chappell v. O'Brien, 22 App. D.C. 190 (D.C. Cir. 1903)
1903 U.S. App. LEXIS 5523

Chappell v. O'Brien

Opinion of the Court

Mr. Justice Shepard

delivered the opinion of the court:

The motion to dismiss must be sustained. The orders entered are not final decrees disposing of the case. National Bank v. Smith, 156 U. S. 330, 333, 39 L. ed. 441, 442, 15 Sup. Ct. Rep. 358, and cases cited. Nor are they such interlocutory orders as are appealable under the act conferring jurisdiction upon this court. D. C. Code, § 226. It follows that both appeals must be dismissed, with costs; and it is so ordered.

Appeal dismissed.

A motion for a reargument was denied.

Reference

Full Case Name
CHAPPELL v. O'BRIEN
Cited By
2 cases
Status
Published
Syllabus
Appellate Practice; Appealable Orders. An order overruling a motion to vacate an order of publication against a nonresident defendant is not appealable, nor is a decree pro confessO against such a defendant for failure to answer, as neither is a final decree disposing of the case, nor such an interlocutory order as is appealable to this court- under § 226, Code, D. C.