58 A.2d 306 | D.C. | 1948
This case is here on defendant’s appeal from an order granting plaintiff’s motion for a new trial in a landlord-tenant case. Appellee has moved to dismiss the appeal.
Twice before in' similar situations we have refused to entertain such, an appeal. Phillips v. Marvin’s Credit, D.C.Mun.App., 35 A.2d 825; United Retail Cleaners & Tailors Ass’n v. Denahan, D.C.Mun.App., 44 A.2d 69. In the Phillips case we dismissed the appeal, pointing out that an order granting a new trial is not a final judgment within the meaning of the Act creating this court.
Appellant urges that we consider the appeal on.the merits and order a reversal because. in granting the new trial the trial court abused its discretion. However, even if we could consider the merits- of the appeal, we think an affirmance would follow because from-our study of the record no abuse of discretion appears,.
-Appeal dismissed.
Code 1940, Supp. V, 11—772 limits our jurisdiction to the review of final orders or judgments and of interlocutory orders “whereby the possession of property is changed or affected such, as orders dissolving writs of attachment and the like.”
United States v. Beatty, 232 U.S. 463, 34 S.Ct. 392, 58 L.Ed. 686; MacFarland v. Brown, 187 U.S. 239, 23 S.Ct. 105, 47 L.Ed. 159; Hume v. Bowie, 148 U.S. 245, 13 S.Ct. 582, 37 L.Ed. 438; Tracy v. Holcombe, 24 How. 426, 16 L.Ed. 742; East Erie Commercial R. Co. v. Denial, 3 Cir., 66 F.2d 555; Sentinel Co. v. Dinwiddie, 7 Cir., 41 F.2d 57; Wright v. Taft-Pierce Mfg. Co., 1 Cir., 287 Fed. 131; Farrell v. First Nat. Bank, 3 Cir., 254 Fed. 801; Cloquet Lumber Co. v. Burns, 8 Cir., 222 Fed. 857; Clement v. Wilson, 2 Cir., 135 Fed. 749.