General
ATLANTIC COAST LINE R. CO. v. WINN
227 F. 50·United States Court of Appeals for the Fifth Circuit·1915
Before PARDEE and WALKER, Circuit Judges, and POSTER, District Judge.
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
ATLANTIC COAST LINE R. CO. v. WINN.
(Circuit Court of Appeals, Fifth Circuit.
October 26, 1915.)
No. 2822.
Courts &wkey;405 — Premature 'Writ — Overruling Demurrer.
Writ of error, sued out by defendant after the overruling of its general demurrer to the declaration in a damage suit, without waiting for final judgment, is premature.
[Ed. Note. — For other cases, see Courts, Cent. Dig. §§ 1097-1099, 1101, 1103; Dec. Dig. <&wkey;>405.]
In Error to the District Court of the United States for the Southern District of Georgia; W. W. Lamb din, Judge.
Action by Mrs. Minnie L. Winn against the Atlantic Coast Line Railroad Company. Demurrer to the declaration was overruled, and defendant brings error.
Dismissed.
Peter W- Meldrim, of Savannah, Ga., for plaintiff in error.
Edgar J. Oliver and Francis M. Oliver, both of Savannah, Ga., for defendant in error.
Before PARDEE and WALKER, Circuit Judges, and POSTER, District Judge.
[MAJORITY — PER CURIAM.]
PER CURIAM.
This is a suit brought in the court below to recover damages resulting from a railroad collision. The plaintiff in error, defendant in the court, below, filed a general demurrer to the declaration, which on hearing was overruled by the court, whereupon, without waiting for final judgment in the case, the plaintiff in error sued out this writ. For late cases, see Heike v. United States, 217 U. S. 423, 30 Sup. Ct. 539, 54 L. Ed. 821; Sheppy v. Stevens, 200 Fed. 946, 119 C. C. A. 330.
The writ of error is dismissed.
£=s>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes