JUDGMENTS--CRITERIA OF FINALITY OF STATE COURT DECREES FOR THE PURPOSE OF FEDERAL REVIEW

Authors

John M. Veale S.Ed., University of Michigan Law SchoolFollow

Abstract

At the suit of the plaintiff, an incorporated religious organization, a permanent injunction issued from a lower state court enjoining the enforcement of certain ordinances of the defendant City of Los Angeles on the ground that they violated the plaintiff's religious liberty under the Constitutions of California and the United States. The case was appealed to the Supreme Court of California which sustained the ordinances as Constitutional and entered a judgment which provided " . . . the Judgment . . . in the above cause . . . is hereby reversed." On plaintiff's appeal, defendant questioned the jurisdiction of the Supreme Court of the United States on the ground that in California a simple reversal without direction to the trial court does not dispose of the case but remands it for a new trial. Held, appeal dismissed; the decree of the California Supreme Court was not a final judgment which might be appealed under section 237 of the Judicial Code. The Gospel Army v. The City of Los Angeles, (U.S. 1947) 67 S. Ct. 1428.

Recommended Citation

John M. Veale S.Ed., JUDGMENTS--CRITERIA OF FINALITY OF STATE COURT DECREES FOR THE PURPOSE OF FEDERAL REVIEW, 46 Mich. L. Rev. 108 (1947).
Available at: https://repository.law.umich.edu/mlr/vol46/iss1/16