Roth v. Mercantile Bank
U.S. Court of Appeals for the D.C. Circuit
Roth v. Mercantile Bank, 41 App. D.C. 293 (D.C. Cir. 1914)
1914 U.S. App. LEXIS 2175
Orsueu
Roth v. Mercantile Bank
Opinion of the Court
delivered the opinion of the Court.
A jurisdictional question avoids consideration of the appeal on its merits. In the Federal courts, appeal or writ of error can be taken only from a final judgment disposing of the case. It follows, therefore, that an appeal will not lie from the order dismissing the banks, while the action is still standing as to the other defendants. United States v. Girault, 11 How. 22, 13 L. ed. 587; Hohorst v. Hamburg-American Packet Co. 148 U. S. 262, 37 L. ed. 443, 13 Sup. Ct. Rep. 590; Menge v. Warriner, 57 C. C. A. 432, 120 Fed. 817.
For lack of jurisdiction, the appeal is dismissed.
Dismissed.
Reference
- Full Case Name
- ROTH v. MERCANTILE BANK OF WASHINGTON
- Status
- Published
- Syllabus
- Appeal and Error; Final Judgments. 1. In the Federal courts, an appeal or writ of error can be taken only from a final judgment disposing of the cause. 2. A judgment dismissing an action as to one or more of several defendants, on demurrer to the declaration, by all of the defendants, is not a final judgment from which an appeal by the plaintiff will lie to this Court.