O'Brien v. Lashar

Second Circuit

O'Brien v. Lashar

266 F. 215, 1920 U.S. App. LEXIS 1670

CourtCourt of Appeals for the Second Circuit

DecidedApril 7, 1920

DocketNo. 235

StatusPublished

Cited by4 cases

This text of 266 F. 215 (O'Brien v. Lashar) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Brien v. Lashar, 266 F. 215, 1920 U.S. App. LEXIS 1670 (2d Cir. 1920).

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Opinion

PER CURIAM.

This appeal is not taken under section 129 of the Judicial Code (Comp. St. § 1121), but on the ground that the court below erred in not making the decree pro confess'© absolute, and also in opening it to permit the defendants to make motions to dismiss or to file answers. These orders are interlocutory, and as such not ap-pealable. If erroneous, they can be corrected only on appeal from a final decree in the cause.

Motion granted.

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PER CURIAM.

This appeal is not taken under section 129 of the Judicial Code (Comp. St. § 1121), but on the ground that the court below erred in not making the decree pro confess'© absolute, and also in opening it to permit the defendants to make motions to dismiss or to file answers. These orders are interlocutory, and as such not ap-pealable. If erroneous, they can be corrected only on appeal from a final decree in the cause.

Motion granted.

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Bluebook (online)

266 F. 215, 1920 U.S. App. LEXIS 1670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-lashar-ca2-1920.

Opinion

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