US SUPREME COURT DECISIONS

A judgment of the circuit court of appeals, reversing a judgment of the district court which confirmed an award of commissioners in condemnation proceedings by the United States and vacating that award and requiring the compensation to be ascertained through a trial by jury is not a final judgment but essentially interlocutory, and not reviewable by this Court.

A writ of error to review such a judgment of the circuit court of appeals is premature and must be dismissed; if the judgment is erroneous and ultimately operates prejudicially to the government, it may have the error corrected by writ of error from this Court after the case has proceeded to final judgment in the circuit court of appeals.

If a case can be brought to this Court by appeal or writ of error under § 241, Judicial Code, it cannot be brought here by certiorari under § 240, Judicial Code; the two methods of review are not coexistent.

The power given to this Court by § 262, Judicial Code (§ 719, Rev.Stat.), contemplates the employment of the writ of certiorari in instances not covered by § 240, Judicial Code.

A decision by the circuit court of appeals that the provision in the Seventh Amendment preserving the right of trial by jury applies to a proceeding to condemn land and remanding the case to the district court for further proceedings in accord with that decision, is an exercise of undoubted jurisdiction whether right or wrong, and if wrong and ultimately operating to the prejudice of the government, it can be reviewed and corrected by this Court on writ of error from the final judgment, but not from the interlocutory judgment.

Interlocutory judgments frequently become of no importance by reason of the final result or of intervening matters.

Writ of error to review, 203 F.6d 0, dismissed and petition for writ of certiorari denied.

The facts, which involve the jurisdiction of this Court to review judgments of the circuit courts of appeals, are stated in the opinion. chanrobles.com-red

Page 232 U. S. 464