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ZELLER ET AL. v. SWITZER

Not in source.

91 U.S. 487 (1876)

23 L.Ed. 366

ZELLER, ET AL., v. SWITZER.

Supreme Court of United States.

January 24, 1876.

Attorney(s) appearing for the Case

Mr. John A. Grow moved to dismiss the writ of error for want of jurisdiction, the judgment below not being final.

Mr. E.T. Merrick and Mr. G.W. Race, contra.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

We think this motion must be granted. The judgment is one of reversal only, and the case is remanded to be proceeded with according to law. The Supreme Court decided that the defence set forth in the peremptory exception was not good; and that is all that court decided. The case was, therefore, sent back for trial upon the defences set up in the answer, or any other that might be properly presented. If the...

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