Missouri & Kansas Int. Ry. Co. v. Olathe, 222 U.S. 185 (1911)

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Missouri & Kansas Interurban Railway Company v. Olathe


No. 726


Motion to dismiss
Submitted November 13, 1911
Decided December 4, 1911
222 U.S. 185

ERROR TO THE SUPREME COURT
OF THE STATE OF KANSAS

Syllabus

Unless it appears from the record that the judgment sought to be reviewed finally determines the cause, this Court is without jurisdiction.

Where the judgment sought to be reviewed affirms the judgment below but merely sustains the demurrer without dismissing the suit, so that the cause is left standing in the lower court for further proceedings, it is not a final judgment reviewable by this Court.

The facts are stated in the opinion.