St. Clair County v. Lovingston

Supreme Court

St. Clair County v. Lovingston

85 U.S. 628, 21 L. Ed. 813, 18 Wall. 628, 1873 U.S. LEXIS 1337

Supreme Court of the United States·Decided December 22, 1873·Published·Cited by 12 cases

Opinion

Mr. Justice STRONG

delivered the opinion of the court.

The writ of error in this case must be dismissed on the authority of Moore v. Robbins, decided at this term. The judgment of the Supreme Court of the State cannot be regarded as a final judgment in the sense in-which the term was used in the Judiciary Acts. No judgment is final which does not terminate .the litigation between the parties to the *629 suit. The issue between the parties may be again tried in the Circuit Court, and another judgment may be recovered, which may be removed to the Supreme Court for revision. Consequently, then, there has been no final determination of the case.

Writ dismissed.

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Mr. Justice STRONG

delivered the opinion of the court.

The writ of error in this case must be dismissed on the authority of Moore v. Robbins, decided at this term. The judgment of the Supreme Court of the State cannot be regarded as a final judgment in the sense in-which the term was used in the Judiciary Acts. No judgment is final which does not terminate .the litigation between the parties to the *629 suit. The issue between the parties may be again tried in the Circuit Court, and another judgment may be recovered, which may be removed to the Supreme Court for revision. Consequently, then, there has been no final determination of the case.

Writ dismissed.

St. Clair County v. Lovingston, 85 U.S. 628, 21 L. Ed. 813, 18 Wall. 628, 1873 U.S. LEXIS 1337 (1873).

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Opinion

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