Paducah v. East Tennessee Tel. Co., 229 U.S. 476 (1913)

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Paducah v. East Tennessee Telephone Company


No. 24


Argued April 22, 1913
Decided June 10, 1913
229 U.S. 476

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF KENTUCKY

Syllabus

The test of finality of a decree for the purposes of appeal to this Court is the face of the decree itself, and unless it is final, the appeal will not lie.

A decree which continues an injunction against a municipality unless it adopts an ordinance specified therein held not final prior to the passage of the ordinance or declaration not to do so, and appeal dismissed as premature.

The facts, which involve determining whether a decree of the circuit court of the United States is final and whether an appeal will lie therefrom to this Court, are stated in the opinion.