American Fire & Casualty Co. v. Allison
This text of 189 F.2d 255 (American Fire & Casualty Co. v. Allison) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellee has filed a motion to dismiss the appeal on the ground that the order appealed from is not a final and appealable order.
We agree. The appeal, instead of being from the final judgment entered against appellant on January 30, 1950, is from the order denying a motion to set that final judgment aside. It is settled law that such an order is not appealable. Cf. Cromelin v. Markwalter, 5 Cir., 181 F.2d 948; French v. Jeffries, 7 Cir., 161 F.2d 97; U. S. v. Muschany, 8 Cir., 156 F.2d 196.
The appeal is Dismissed.
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189 F.2d 255, 1951 U.S. App. LEXIS 3165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-fire-casualty-co-v-allison-ca5-1951.