167 F.2d 471 - In re Kilpatrick — 167 F.2d 471

How this case has been cited

Cited by 8 later decisions — most recently February 1971

6 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1W. P. McLean, of Fort Worth, Tex., and William H. DeParcq, of Minneapolis, Minn., for petitioners.

¶2W. B. Harrell, of Dallas, Tex., and Samuels, Brown, Herman & Scott, of Fort Worth, Tex., for respondent.

¶3Before HUTCHESON, HOLMES, and WALLER, Circuit Judges.

¶4PER CURIAM.

¶5Petitioners, plaintiffs in separate suits in the court below, moved there for a dismissal without prejudice of their suits. Their motions denied, each filed notice of appeal. Alleging that respondent notwithstanding their appeals has set the causes for trial and, unless prohibited from doing so, would proceed to trial in them, each has filed a petition for writ of prohibition.

¶6 This court may issue writs of prohibition only in aid of its jurisdiction to review final decisions of the district courts.1 It appears from the motion papers and the answers thereto that petitioners’ attempted appeals from orders denying dismissal are not from final judgments.2 It is quite plain that this court is without jurisdiction to consider the merits of the questions sought to be raised in the applications for the writs and that for want of jurisdiction the petitions must be denied.