Opinion · Supreme Court of the United States
Mower v. Fletcher
114 U.S. 127
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1885-03-30
- Topic
- general
Mr.- Chief Justice Waite delivered the opinion of the court. Thesé motions are made oh the ground that the judgments *128 for tbe review of which the writs of error were sued out are not final judgments. The judgment in each case is that the judgment of the State, District 'Court “ be, and the same is hereby,reversed- with costs, with directions to the Superior Court of Los Angeles County-to enter judgment upon the findings for '-the plaintiff as prayed for in his complaint.” That judgment is final for the purpose's of a writ of error to this court, which terminates the litigation between the parties on the merits of the case, so that,-if there should be an affirmance here, the court below would have nothing to do but to execute the judgment it had already rendered. Bostwick v. Brinkerhoff, 106 U.
Citator
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- Cited by
- 33 opinions
Headnotes
- Federal Courts & Jurisdiction — Finality of State Court Judgments A judgment of a state supreme court that reverses the judgment of a lower state court and remands the case with directions to enter a specified judgment is a final judgment for purposes of a writ of error to the United States Supreme Court, because it terminates the litigation between the parties on the merits, leaving nothing to be done but to execute the judgment already rendered, so that upon affirmance the court below would have only to carry the judgment into effect. 114 U.S. at 127
- Federal Courts & Jurisdiction — Finality of Judgments — Ministerial Acts A judgment that leaves no judicial discretion to the inferior court, requiring it only to perform the ministerial act of entering the judgment directed by the reviewing court, is final; the remand merely carries the reviewing court's judgment into execution. 114 U.S. at 127
- Federal Courts & Jurisdiction — Finality of Judgments — Remand for Further Proceedings A judgment or decree of reversal that leaves the case open for further proceedings in the inferior court is not final for purposes of review, because something yet remains to be done to complete the litigation. 114 U.S. at 127
That judgment is final for the purposes of a writ of error to this court, which terminates the litigation between the parties on the merits of the case, so that, if there should be an affirmance here, the court below would have nothing to do but to execute the judgment it had already rendered.Bostwickv.Brinkerhoff,106 U.S. 3, and the numerous cases there cited. The judgments in these cases are of that character. The litigation is ended, and the rights of the parties on the merits have been fully determined. Nothing remains to be done but to require the inferior court to perform the ministerial act of entering the judgments in that court which have been ordered. This is but carrying the judgment of the Supreme Court which has been rendered into execution. Nothing is left to the judicial discretion of the court below. The cases relied on in support of the motions to dismiss were all judgments or decrees of reversal, with leave for further proceedings in the inferior court. Such judgments are not final, because something yet remains to be done to complete the litigation.The motion in each of the cases is overruled.