Barton v. Forsyth
72 U.S. 190 (1866)

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U.S. Supreme Court

Barton v. Forsyth, 72 U.S. 5 Wall. 190 190 (1866)

Barton v. Forsyth

72 U.S. (5 Wall.) 190

Syllabus

1. The appellate jurisdiction of this Court on writs of error, under the twenty-second section of the Judiciary Act, is confined by the express words of the section to final judgments, and the writ of error should be addressed to the final judgment accordingly.

2. A judgment on a motion made by the plaintiff to set aside a writ of restitution which had been issued in favor of the defendant, and to grant a writ of restitution to the plaintiff in a case, is not a final judgment within the terms of the said section; in fact is but an order of court.

Page 72 U. S. 191

Hence no jurisdiction exists of a writ of error based on such a proceeding.

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