Sawyer v. United States

Fifth Circuit

Sawyer v. United States

297 F. 222, 1924 U.S. App. LEXIS 2811

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 19, 1924

DocketNo. 4138

StatusPublished

Cited by7 cases

This text of 297 F. 222 (Sawyer v. United States) 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.

Bluebook

Sawyer v. United States, 297 F. 222, 1924 U.S. App. LEXIS 2811 (5th Cir. 1924).

Pincite

Opinion

WARKER, Circuit Judge.

This is a writ of error to obtain a review of an order made by the judge of the Southern district of Florida, under R. S. § 1014 (Comp. St. § 1674), for the removal'of the plaintiff in error to the Southern district of Mississippi..

The record contains no bill of exceptions. In no proper way is it made to appear upon what the action of‘ the judge in making the order was based. We are of opinion that the order is interlocutory in its nature, is not a final decision within the meaning of amended section 128 of the Judicial Code (Comp. St. § 1120), and is not by that or any other statute made subject to appellate review by this court. Fries v. United States (C. C. A.) 284 Fed. 825; Murray v. United States (C. C. A.) 273 Fed. 522. If the order were reviewable by this court, an affirmance of it would be required, because of the above-stated condition of the record.

The writ of error is dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

WARKER, Circuit Judge.

This is a writ of error to obtain a review of an order made by the judge of the Southern district of Florida, under R. S. § 1014 (Comp. St. § 1674), for the removal'of the plaintiff in error to the Southern district of Mississippi..

The record contains no bill of exceptions. In no proper way is it made to appear upon what the action of‘ the judge in making the order was based. We are of opinion that the order is interlocutory in its nature, is not a final decision within the meaning of amended section 128 of the Judicial Code (Comp. St. § 1120), and is not by that or any other statute made subject to appellate review by this court. Fries v. United States (C. C. A.) 284 Fed. 825; Murray v. United States (C. C. A.) 273 Fed. 522. If the order were reviewable by this court, an affirmance of it would be required, because of the above-stated condition of the record.

The writ of error is dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

297 F. 222, 1924 U.S. App. LEXIS 2811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sawyer-v-united-states-ca5-1924.

Opinion

Related

Cite This Page — Counsel Stack