Ettelson v. Metropolitan Life Ins. Co., 317 U.S. 188 (1942)

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Ettelson v. Metropolitan Life Insurance Co.

No. 70

Argued November 12, 13, 1942
Decided December 7, 1942
317 U.S. 188

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS

FOR THE THIRD CIRCUIT

Syllabus

1. In a civil action in the federal District Court against an insurer to recover the proceeds of policies of life insurance, wherein the insurer filed a counterclaim alleging fraud by the insured in the procurement of the policies and praying their cancellation and that further prosecution of the action be enjoined, an order that the issue raised by the counterclaim shall be heard and disposed of by the court prior to the issue raised by the complaint is an interlocutory order granting an injunction, within the meaning of Judicial Code § 129, and is appealable under that Section. P. 190.

The provisions of Rule 1 of the Rules of Civil Procedure, that the object of the Rules is "to secure the just, speedy, and inexpensive determination of every action," and of Rule 2, that "there shall be one form of action to be known as `civil action,’" do not require a different result.

2. Local law has no bearing on the question here determined. P. 191.

3. The applicability of Jud.Code § 129 is determined not by the terminology of the order, but by its substantial effect. P. 192.

Certificate from the Circuit Court of Appeals upon an appeal to that court from an interlocutory order of the District Court, 42 F.Supp. 488. The suit, to recover upon policies of life insurance, was begun in a state court but was removed by the defendant to the federal court.