MINERS' BANK V. UNITED STATES, 46 U. S. 213 (1847)

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U.S. Supreme Court

Miners' Bank v. United States, 46 U.S. 5 How. 213 213 (1847)

Miners' Bank v. United States

46 U.S. (5 How.) 213


A judgment of a court sustaining a demurrer under the following circumstances is not a final judgment which can be reviewed by this Court.

Information in the nature of a quo warranto, calling upon the President, Directors, and Company of the Miners' Bank of Dubuque to show by what warrant they claimed the right to use the franchise.

Plea, referring to an act of incorporation.

Replication, that the act of incorporation had been repealed.

Rejoinder, that the repealing law was passed without notice to the parties, and without any evidence of misuse of the franchise.

Demurrer to the rejoinder.

Joinder in demurrer.

Sustaining the demurrer, without any further judgment of the court, did not prevent the parties from continuing to exercise the franchise, and therefore is not a final judgment.

The writ of error must, upon motion, be dismissed.

A motion was made by Mr. Grant and Mr. Hastings to dismiss the writ of error in this case, upon the same grounds as in the preceding case of Sheppard v. Wilson, and upon the additional ground, that the judgment in this case was not a final judgment.


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