PFAELZER v. BACH FUR COMPANY

PFAELZER v. BACH FUR COMPANY. ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. No. 290. Submitted November 1, 1909. Decided November 8, 1909. A writ of error to the Circuit Court of the United States dismissed for want of final judgment on the authority of McLish v. Roff, 141 U. S. 661. Mr. A. S. Gilbert for plaintiff in error. Mr. Benjamin N. Cardozo for defendant in error. The headnote in McIAsh v. Roff is as follows: Under § 5 of the act of March 3, 1891, c. 517, 26 Stat. 826, “to establish Circuit Courts of Appeal,” etc., the appeal or writ of error which may be taken “from the existing Circuit Courts direct to the Supreme Court,” “in any case in which the jurisdiction of the court is in issue,” can be taken only after final judgment; when the party against whom it is rendered must elect whether he will take his writ of error or appeal to this court upon the question of jurisdiction alone, or to the Circuit Court of Appeals upon, the whole case. [MAJORITY — Per Curiam.] Per Curiam. Writ of error dismissed for want of final judgment. McLish v. Roff, 141 U. S. 661.