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85 U.S. 628

St. Clair County v. Lovingston

Supreme Court of the United States

Decided October 1, 1873

Supreme Court of the United States · decided 1873-10

The county of St. Clair, in Illinois, sued Lovingston in the Circuit Court of the county, and got judgment against him. The Supreme Court of 'Illinois reversed this judgment, and remanded the cause “ for such other and further proceedings as to law and justice shall appertain.” To that judgment the county took this writ of error.

1 counsel of record

Relies on Town of Ohio v. Marcy

Good law ✅— No negative treatment on recordhow we know

Petition denied / appeal dismissed · 8–0 · Opinion by William Strong · Decided 1873-10

How this case has been cited

Cited by 11 later decisions (2 by the Supreme Court) — most recently June 1920

2 federal appellate · 4 state decisions

40187318801890190019101920decided

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.

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¶1No judgment is final which does not terminate the litigation between the parties. A judgment reversing the judgment of an inferior court, and remanding the cause for such other and further proceedings as to law and justice shall appertain, does not do this. A writ of error to such a judgment dismissed, on the authority of Moore v. Robbins, supra, p. 588.

¶2Error to-the Supreme Court of Illinois.

¶3The county of St. Clair, in Illinois, sued Lovingston in the Circuit Court of the county, and got judgment against him. The Supreme Court of 'Illinois reversed this judgment, and remanded the cause “ for such other and further proceedings as to law and justice shall appertain.” To that judgment the county took this writ of error.

¶4Mr. G. Koerner, for the plaintiff in error; Mr. W. II. Underwood, contra

¶5Mr. Justice STRONG

¶6delivered the opinion of the court.

¶7The writ of error in this case must be dismissed on the authority of Moore v. Robbins, decided at this term. The judgment of the Supreme Court of the State cannot be regarded as a final judgment in the sense in-which the term was used in the Judiciary Acts. No judgment is final which does not terminate .the litigation between the parties to the *629suit. The issue between the parties may be again tried in the Circuit Court, and another judgment may be recovered, which may be removed to the Supreme Court for revision. Consequently, then, there has been no final determination of the case.

¶8Writ dismissed.

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