Mower v. Fletcher

Supreme Court

Mower v. Fletcher

114 U.S. 127, 5 S. Ct. 799, 29 L. Ed. 117, 1885 U.S. LEXIS 1741

CourtSupreme Court of the United States

DecidedMarch 30, 1885

StatusPublished

Cited by33 cases

This text of 114 U.S. 127 (Mower v. Fletcher) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mower v. Fletcher, 114 U.S. 127, 5 S. Ct. 799, 29 L. Ed. 117, 1885 U.S. LEXIS 1741 (1885).

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Opinion

Mr.- Chief Justice Waite

delivered the opinion of the court. Thesé motions are made oh the ground that the judgments *128 for tbe review of which the writs of error were sued out are not final judgments. The judgment in each case is that the judgment of the State, District 'Court “ be, and the same is hereby,reversed- with costs, with directions to the Superior Court of Los Angeles County-to enter judgment upon the findings for '-the plaintiff as prayed for in his complaint.”

That judgment is final for the purpose's of a writ of error to this court, which terminates the litigation between the parties on the merits of the case, so that,-if there should be an affirmance here, the court below would have nothing to do but to execute the judgment it had already rendered. Bostwick v. Brinkerhoff, 106 U. S. 3, and the numerous cases there cited. The judgments in these cases are of that character. The litigation is ended, and the rights of the .parties on the merits have been fully determined. Nothing remains to be done but to require the inferior court to .perform the ministerial act of entering the judgments in that court which have been ordered. This is but carrying the judgment of the Supreme Court which has been rendered into execution. Nothing is left to the judicial discretion of the court below. The cases relied on in support of the motions to dismiss "were all judgments or decrees, of réversal, with leave for/further proceedings in the inferior court. Such judgments are not final, because something yet remains to' be done to complete the litigation.

The motion in each of the cases is overruled.

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Mr.- Chief Justice Waite

delivered the opinion of the court. Thesé motions are made oh the ground that the judgments *128 for tbe review of which the writs of error were sued out are not final judgments. The judgment in each case is that the judgment of the State, District 'Court “ be, and the same is hereby,reversed- with costs, with directions to the Superior Court of Los Angeles County-to enter judgment upon the findings for '-the plaintiff as prayed for in his complaint.”

That judgment is final for the purpose's of a writ of error to this court, which terminates the litigation between the parties on the merits of the case, so that,-if there should be an affirmance here, the court below would have nothing to do but to execute the judgment it had already rendered. Bostwick v. Brinkerhoff, 106 U. S. 3, and the numerous cases there cited. The judgments in these cases are of that character. The litigation is ended, and the rights of the .parties on the merits have been fully determined. Nothing remains to be done but to require the inferior court to .perform the ministerial act of entering the judgments in that court which have been ordered. This is but carrying the judgment of the Supreme Court which has been rendered into execution. Nothing is left to the judicial discretion of the court below. The cases relied on in support of the motions to dismiss "were all judgments or decrees, of réversal, with leave for/further proceedings in the inferior court. Such judgments are not final, because something yet remains to' be done to complete the litigation.

The motion in each of the cases is overruled.

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Bluebook (online)

114 U.S. 127, 5 S. Ct. 799, 29 L. Ed. 117, 1885 U.S. LEXIS 1741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mower-v-fletcher-scotus-1885.

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