Missouri Kansas Interurban Railway Company v. City of Olathe, No. 726

CourtUnited States Supreme Court
Citation56 L.Ed. 155,32 S.Ct. 46,222 U.S. 185
Docket NumberNo. 726
PartiesMISSOURI & KANSAS INTERURBAN RAILWAY COMPANY, Plff. in Err., v. CITY OF OLATHE, Kansas
Decision Date04 December 1911

222 U.S. 185
32 S.Ct. 46
56 L.Ed. 155
MISSOURI & KANSAS INTERURBAN RAILWAY COMPANY, Plff. in Err.,

v.

CITY OF OLATHE, Kansas.

No. 726.
Submitted November 13, 1911.
Decided December 4, 1911.

Messrs. Frank Doster, A. F. Hunt, Jr., A. M. Harvey, and J. E. Addington for plaintiff in error.

Mr. Stephen H. Allen for defendant in error.

Memorandum opinion by direction of the court. By Mr. Justice Hughes:

Motion to dismiss. This suit was brought by the railway company, plaintiff in error, against the city of Olathe, Kansas, in the district court of Johnson county,

Page 186

in that state, to recover damages caused by the repeal of an ordinance authorizing the use of certain streets of the city for an interurban railway, and by the consequent prevention, until the passage of a new ordinance, of its construction and operation. The defendant demurred to the petition upon the ground that it did not state facts sufficient to constitute a cause of action. The district court sustained the demurrer, and its decision was affirmed by the supreme court of the state. And this writ of error is brought.

The record fails to disclose a final judgment. The supreme court affirmed the judgment of the lower court, but this merely sustained the demurrer without dismissing the suit. The supreme court did not direct its dismissal, but the cause was left standing in the court below for such proceedings as might be had according to law after the decision on the demurrer, either by amendment of the petition or entry of final judgment.

As it does not appear from the record that the judgment sought to be reviewed was one which finally determined the cause, this court is without jurisdiction. Miners' Bank v. United States, 5 How. 213, 12 L. ed. 121; McComb v. Knox County, 91 U. S. 1, 23 L. ed. 185; Great Western Teleg. Co. v. Burnham, 162 U. S. 339, 40 L. ed. 991, 16 Sup. Ct. Rep. 850; Haseltine v. Central Nat. Bank, 183 U. S. 130, 46 L. ed. 117, 22 Sup. Ct. Rep. 49.

Dismissed.

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14 practice notes
  • N. Am. Butterfly Ass'n v. Wolf, No. 19-5052
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • October 13, 2020
    ...final judgment.’ " Jung , 356 U.S. at 337, 78 S.Ct. 764 (emphasis added; quoting Missouri & Kansas Interurban Ry. Co. v. City of Olathe , 222 U.S. 185, 186, 32 S.Ct. 46, 56 L.Ed. 155 (1911) ).Equally important, the district court's orders here did not "den[y] all relief," FED. R. CIV. P. 58......
  • In re Acushnet River & New Bedford Harbor Proceed., Civ. A. No. 83-3882-Y.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • November 6, 1987
    ..."in the Circuit Court of the United States in the district in which said contract was to be performed, and not elsewhere." Id. at 203, 32 S.Ct. at 46 (emphasis in original). In arguing for an interpretation allowing suits to be brought directly by the United States in the district in which ......
  • Crutcher v. Joyce, No. 2612.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • April 21, 1943
    ...stand on the pleading and then an order dismissing the action, is nonappealable. Missouri & Kansas Interurban Ry. Co. v. City of Olathe, 222 U.S. 185, 32 S.Ct. 46, 56 L.Ed. 155; Dyar v. McCandless, 8 Cir., 33 F.2d 578; Riverside Oil & Refining Co. v. Dudley, 8 Cir., 33 F.2d 749. Where a dem......
  • Weast v. Budd, No. 41625
    • United States
    • United States State Supreme Court of Kansas
    • March 5, 1960
    ...City of Olathe, 81 Kan. 328, 105 P. 521, 36 L.R.A.,N.S., Page 915 861, writ of error denied, Missouri & K. I. Ry. Co. v. City of Olathe, 222 U.S. 185, 32 S.Ct. 46, 56 L.Ed. 155; Edson v. City of Olathe, 82 Kan. 4, 107 P. 539, 36 L.R.A.,N.S., 865; Missouri & K. I. Ry. Co. v. City of Olathe, ......
  • Request a trial to view additional results
14 cases
  • N. Am. Butterfly Ass'n v. Wolf, No. 19-5052
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • October 13, 2020
    ...final judgment.’ " Jung , 356 U.S. at 337, 78 S.Ct. 764 (emphasis added; quoting Missouri & Kansas Interurban Ry. Co. v. City of Olathe , 222 U.S. 185, 186, 32 S.Ct. 46, 56 L.Ed. 155 (1911) ).Equally important, the district court's orders here did not "den[y] all relief," FED. R. CIV. P. 58......
  • In re Acushnet River & New Bedford Harbor Proceed., Civ. A. No. 83-3882-Y.
    • United States
    • United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts
    • November 6, 1987
    ..."in the Circuit Court of the United States in the district in which said contract was to be performed, and not elsewhere." Id. at 203, 32 S.Ct. at 46 (emphasis in original). In arguing for an interpretation allowing suits to be brought directly by the United States in the district in which ......
  • Crutcher v. Joyce, No. 2612.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • April 21, 1943
    ...stand on the pleading and then an order dismissing the action, is nonappealable. Missouri & Kansas Interurban Ry. Co. v. City of Olathe, 222 U.S. 185, 32 S.Ct. 46, 56 L.Ed. 155; Dyar v. McCandless, 8 Cir., 33 F.2d 578; Riverside Oil & Refining Co. v. Dudley, 8 Cir., 33 F.2d 749. Where a dem......
  • Weast v. Budd, No. 41625
    • United States
    • United States State Supreme Court of Kansas
    • March 5, 1960
    ...City of Olathe, 81 Kan. 328, 105 P. 521, 36 L.R.A.,N.S., Page 915 861, writ of error denied, Missouri & K. I. Ry. Co. v. City of Olathe, 222 U.S. 185, 32 S.Ct. 46, 56 L.Ed. 155; Edson v. City of Olathe, 82 Kan. 4, 107 P. 539, 36 L.R.A.,N.S., 865; Missouri & K. I. Ry. Co. v. City of Olathe, ......
  • Request a trial to view additional results

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