Moses v. Mayor
Supreme Court of the United States
Moses v. Mayor, 82 U.S. 387 (1872)
Moses v. Mayor
Opinion of the Court
The motion to dismiss is rested upon two grounds: First, that none of the questions specified in the Judiciary Act of 1867 were raised in the Supreme Court of Alabama; second, that there was no final judgment.
As we are clearly of opinion that we have no jurisdiction of the case for the second reason it is unnecessary to consider the first. Obviously, there was no final decree. The only decree rendered in the Supreme Court was that the injunction of the court below be dissolved. That decree was in no sense final! It left the whole case to be disposed of upon its merits. This has been frequently decided.
Writ dismissed.
Reference
- Full Case Name
- Moses v. The Mayor
- Cited By
- 1 case
- Status
- Published
- Syllabus
- The rule redeclared, that a decree of the highest court of a State which, merely dissolving an injunction granted in an inferior court, leaves the whole case to be disposed of on its merits, is not a “ final decree,” and, therefore, does not come within the 25th section of the Judiciary Act of 1789 or the 2d section of the act of 1867, giving revisory powers to this court over final decrees or judgments rendered in certain cases in such highest court.