William Howard Taft

“ Is this judgment a final judgment? We think it is. In its terms it affirms the refusal of the lower court to continue the temporary order and to grant a permanent injunction. The Supreme Court based its decision on the facts admitted in the petition and answer. Its judgment was that the previous judgment as between the parties was res judicata, estopped the company from resisting execution and thereby deprived it of any right to either a temporary or permanent injunction. Injunction was the only relief which the company sought or could seek under its petition and prayer. ”

“ By the ordinary prectice in equity as administered in England and this country, an appellate court has the power on appeal from a temporary or interlocutory order or decree to examine the merits of the case if sufficiently shown by the pleadings and the record and upon deciding them in favor of the defendant to dismiss the bill and save both parties the needless expense of further prosecution of the suit. ”

“ One is of our jurisdiction to issue the writ of certiorari to review a judgment of the Supreme Court of North Carolina, and turns on its finality. The second is whether a judgment of that court against the North Carolina Railroad Company for injuries caused by the operation of the road by the United States will bar a suit by the company to enjoin the execution of such judgment against its property under section 206 (g) of the Transportation Act of 1920 (chapter 91, 41 Stat. 456, 462 [Comp. St. Ann. Supp. 1923, § 10071 1/4 cc] ) . ”