Arnold v. Guimarin & Co., 263 U.S. 427 (1923)

Arnold v. United States for Use of W. B. Guimarin & Company

No. 31

Argued February 27, 1923
Decided December 10, 1923
263 U.S. 427

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

A judgment of the Circuit Court of Appeal, in an action on a contractor’s bond brought by a creditor under the Federal Materialmen’s Act, which affirm the district court in holding the action not premature and in adjudicating the amount due the plaintiff, but remanded the case for jury trial of the claim of intervening creditors, and settles neither the amount of the claim to be allowed against the bond nor the proportionate share of each creditor if the bond prove inadequate to pay all, does not finally and completely dispose of the subject matter of the litigation either as to the parties or the causes of action involved, and cannot be brought here by writ of error. P. 432.

Writ of error or to review 280 F. 338 dismissed.

Error to a judgment of the circuit court of appeals which modified a judgment of the district court in an action under the Materialmen’s Act and remanded the cause for further proceedings.