Noojin v. United States

Decision Date10 November 1908
Docket Number1,751.
Citation164 F. 692
PartiesNOOJIN v. UNITED STATES.
CourtU.S. Court of Appeals — Fifth Circuit

In Error to the Circuit Court of the United States for the Northern District of Alabama.

For opinion below, see 155 F. 377.

P. E. Culli, for plaintiff in error.

Oliver D. Street and J. H. Montgomery, for defendant in error.

Before PARDEE and SHELBY, Circuit Judges, and BURNS, District Judge.

PER CURIAM.

The writ of error in this case was brought to review the action of the court in denying a motion to quash an execution. In the courts of the United States the refusal to quash an execution is not a final judgment. Boyle v. Zacharie, 6 Pet. 635, 637, 8 L.Ed. 527; Evans v. Gee, 14 Pet. 1, 10 L.Ed. 327; Loeber v. Schrader, 149 U.S. 580, 585, 13 Sup.Ct. 934, 37 L.Ed. 856.

Writ of error dismissed.

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4 cases
  • United States v. Parker
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • June 18, 2019
    ...is a final decision.In prior times, we said that "the refusal to quash an execution is not a final judgment." Noojin v. United States , 164 F. 692, 693 (5th Cir. 1908) (per curiam) (citing, inter alia, Loeber v. Schroeder , 149 U.S. 580, 585, 13 S.Ct. 934, 37 L.Ed. 856 (1893) ). Other circu......
  • Steccone v. Morse-Starrett Products Co.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • September 12, 1951
    ...934, 37 L.Ed. 856; Sabadash v. Schavo, 6 Cir., 1942, 128 F.2d 923; Glinski v. United States, 7 Cir., 1937, 93 F.2d 418; Noojin v. United States, 5 Cir., 1908, 164 F. 692. Also non-appealable is an order denying a motion to enter final judgment. In the instant case one of two factual situati......
  • Barnett v. Conklin
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • July 15, 1920
    ...in admiralty, where the court denied a motion to set aside a decree previously entered. This, of course, was not a final decision. Noojin v. U.S., supra, simply followed general rule that a mere motion to quash an execution is not a final judgment. We have no doubt but that the order in thi......
  • Sherman-Clay & Co. v. Searchlight Horn Co.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • May 4, 1914
    ... 214 F. 86 SHERMAN-CLAY & CO. v. SEARCHLIGHT HORN CO. No. 2,306. United States Court of Appeals, Ninth Circuit. May 4, 1914 ... [214 F. 87] ... [Copyrighted Material ... ...

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