Supreme Court of the United States, 1846

Brown v. Union Bank of Florida

Supreme Court of the United States · Decided January 12, 1846 · McLEAN

45 U.S. 465; 11 L. Ed. 1058; 4 How. 465; 1846 U.S. LEXIS 409 (United States Reports)

Counsel

The motion to dismiss was made and sustained by Mr. Thompson and Mr. C. Cox, on behalf of the defendant in error, and opposed by Mr Brockenborbugh and Mr. Eaton, on behalf of the plaintiff in error., Mr. Thompson, , Mr. Brockenborough,

Cases that cite this one

8 later published cases cite this decision.

Morgan v. Thompson (8th Cir. 1903)
Fischer v. United States (Court of Customs and Patent Appeals 1951)
Kellman v. City of St. Louis (Supreme Court of the United States 1923)
Wilson v. Hartford Fire Ins. (8th Cir. 1908)
Haseltine v. Central Bank of Springfield (Supreme Court of the United States 1901)
Lee v. Heath (N.J. 1897)
Bostwick v. Brinkerhoff (Supreme Court of the United States 1882)
Hart v. Burnett (Cal. 1862)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

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.

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