Long v. Davis

Ninth Circuit Court of Appeals

Decided Sept. 21, 1948.

Ninth Circuit Court of Appeals · decided 1948-09-21

2 counsel of record

Applies 28 U.S.C. § 1291

Relies on Hunt v. United States · Frank Mercantile Corp. v. Prudential Ins. Co. of America · East Erie Commercial R. v. Denial

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1948-09-21

How this case has been cited

Cited by 10 later decisions — most recently March 1982

10 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.

View the full empirical analysis of this case →

¶1 *983Hunter & Liljestrom, of Los Angeles, Cal., for appellant.

¶2Milton V. Backman, of Salt Lake City, Utah, for appellees.

¶3Before MATHEWS, STEPHENS and BONE, Circuit Judges.

¶4PER CURIAM.

¶5This appeal is from a motion granting a new trial. The appeal was taken on July 9, 1948. Appellees moved to dismiss it on the ground that the order was not a final decision, within the meaning of § 128(a) of the Judicial Code, 28 U.S.C.A. § 225(a),1 1946 Edition, then in effect, and hence was not appealable. The motion is well founded. Sentinel v. Dinwiddie, 7 Cir., 41 F.2d 57; Hunt v. United States, 10 Cir., 53 F.2d 333; East Erie Commercial Co. v. Denial, 3 Cir., 66 F.2d 555; Frank Mercantile Corp. v. Prudential Ins. Co., 3 Cir., 115 F.2d 496. Accordingly, it is granted and the appeal is dismissed.