Gospel Army v. Los Angeles, 331 U.S. 543 (1947)

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Gospel Army v. Los Angeles

No. 103

Argued February 6, 7, 1947
Decided June 9, 1947
331 U.S. 543

APPEAL FROM THE SUPREME COURT OF CALIFORNIA

Syllabus

1. A judgment of the Supreme Court of California reversing a judgment of a trial court without direction, which under California law has only the effect of remanding the case for a new trial, and, so far as appears, places the parties in the same position as if the case had never been tried, is not a "final judgment" within the meaning of § 237 of the Judicial Code, and this Court does not have jurisdiction of an appeal therefrom. Pp. 546-548.

2. Richfield Oil Corp. v. State Board, 329 U.S. 69, distinguished upon the special circumstances appearing in that case as rendering the California Supreme Court’s judgment "final" within the meaning of § 237 of the Judicial Code. Pp. 547-548.

3. Although the modern rule is that, in determining whether a state court’s remand is for a new trial, this Court will examine both the judgment and the opinion as well as other circumstances that may be pertinent, this does not mean that, in the ordinary case, this Court will disregard the effect of the judgment under local law. P. 548.

27 Cal.2d 232, 163 P.2d 704, appeal dismissed.

An appeal from a judgment of the Supreme Court of California, 27 Cal.2d 232, 163 P.2d 704, reversing a judgment of a trial court without direction dismissed for want of jurisdiction under § 237 of the Judicial Code. P. 548.