Moses v. Mayor

82 U.S. 387

Opinion

The CHIEF JUSTICE:

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.