Cole v. Violette, 319 U.S. 581 (1943)

Cole v. Violette

No. 892

Decided June 14, 1943
319 U.S. 581

APPEAL FROM THE SUPERIOR COURT

OF SUFFOLK COUNTY, MASSACUSETTS

Syllabus

1. In determining what is a final judgment or decree of a state supreme court within the meaning of § 237 of the Judicial Code, this Court is not controlled by the designation applied to it in state practice. P. 582.

2. A rescript from the Supreme Judicial Court of Massachusetts to the state Superior Court embodied an order directing that the final decree of the latter court dismissing a suit on the merits be modified by the insertion of a clause "to the effect that the bill is dismissed on the ground that the questions raised have become moot," and declaring that "the decree, as so modified, is affirmed with cost," held final within the meaning of § 237 of the Judicial Code, so that an appeal applied for more than three months from the date of the order was too late. P. 582.

312 Mass. 523, 45 N.E.2d 400, appeal dismissed.