Cory Bros. & Co. v. United States, 47 F.2d 607 (2d Cir. 1931). · Go Syfert
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Cory Bros. & Co. v. United States, 47 F.2d 607 (2d Cir. 1931). Cases Citing This Book View Copy Cite
27 citation events (5 in the last 25 years) across 10 distinct courts.
Strongest positive: Henry M. Jung, Etc. v. K. & D. Mining Co., Inc. (ca7, 1957-08-20)
Treatment trajectory · 1931 → 2026 · click a year to view as-of
1931 1978 2026
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" Henry M. Jung, Etc. v. K. & D. Mining Co., Inc.
7th Cir. · 1957 · signal: see · confidence high
See Cory Bros. & Co. v. United States, 2 Cir., 47 F.2d 607 .
Retrieving the full opinion text from the archive…
CORY BROS. & CO., Limited,
v.
UNITED STATES
210.
Court of Appeals for the Second Circuit.
Feb 16, 1931.
47 F.2d 607
Choate, Laroeque & Mitchell, of New York City (Joseph Laroeque, of New York City, of counsel), for appellant., Robert E. Manley, Acting U. S. Atty., of New York City (William E. Collins, Sp. Asst, to U. S. Atty., of New York City, of counsel), for the United States.
Hand, Swan, Chase.
Cited by 15 opinions  |  Published
PER CURIAM.

It is impossible to consider the order appealed from a final order. For aught that appears, the libelant may have amended its libel, and may, should the amended libel be dismissed, hereafter appeal from that order. A case may not he brought up in fragments (Collins v. Miller, 252 U. S. 364, 370, 40 S. Ct. 347, 64 L. Ed. 616), and this possibility of a later appeal from a dismissal of an amended libel emphasizes the lack of finality of the order now before us. It does not differ from an order sustaining a demurrer with leave to amend; another order of absolute dismissal after expiration of the time allowed for amendment is required to make a final disposition of the cause. Such orders are not appealable. Clark v. Kansas City, 172 U. S. 334, 19 S. Ct. 207, 43 L. Ed. 467; City and County of San Francisco v. McLaughlin, 9 F.(2d) 390 (C. C. A. 9); Western Electric Co. v. Pacent Reproducer Corp. (C. C. A.) 37 F. (2d) 14. As shown by these authorities and many others which might be cited, it is the duty of an appellate court to question its own jurisdiction, though the parties do not.

Accordingly, the appeal must be dismissed, and it is so ordered.