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St. Clair County v. Lovingston

St. Clair Cnty. v. Lovingston, 85 U.S. (18 Wall.) 628 (1873)
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Court
Supreme Court of the United States
Decided
December 22, 1873
Judges
Strong
Citations
85 U.S. 62821 L. Ed. 81318 Wall. 6281873 U.S. LEXIS 1337
Cited by 12
Syllabus
No judgment is final which does not terminate the litigation between the parties. A judgment reversing the judgment of an inferior court, and remanding the cause for such other and further proceedings as to law and justice shall appertain, does not do this. A writ of error to such a judgment dismissed, on the authority of Moore v. Robbins, supra, p. 588.
Summary
Error to-the Supreme Court of Illinois. The county of St. Clair, in Illinois, sued Lovingston in the Circuit Court of the county, and got judgment against him. The Supreme Court of 'Illinois reversed this judgment, and remanded the cause “ for such other and further proceedings as to law and justice shall appertain.” To that judgment the county took this writ of error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Strong

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

View all citing references →
1873–1874: 11877–1878: 11891–1892: 11893–1894: 21895–1896: 11901–1902: 11903–1904: 11905–1906: 11913–1914: 11919–1920: 11927–1928: 118732026peak 1893 · 2

Relies on it most ⓘ

  1. Morgan v. Thompson124 F. 203 (8th Cir. 1903)
  2. Clement v. Wilson135 F. 749 (2d Cir. 1905)
  3. Great Western Telegraph Co. v. Burnham162 U.S. 339 (1896)
  4. Haseltine v. Central Bank of Springfield183 U.S. 130 (1901)
  5. Page v. Town of Gallup191 P. 460 (N.M. 1920)
  6. Second Street29 A. 294 (Pa. 1894)

Most recent

  1. In re Maryanov20 F.2d 939 (E.D.N.Y. 1927)
  2. Page v. Town of Gallup191 P. 460 (N.M. 1920)
  3. F. E. Davis & Co. v. Illinois-Pacific Glass Co.22 Haw. 303 (1914)
  4. Clement v. Wilson135 F. 749 (2d Cir. 1905)
  5. Morgan v. Thompson124 F. 203 (8th Cir. 1903)
  6. Haseltine v. Central Bank of Springfield183 U.S. 130 (1901)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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