CONSTITUTIONAL LAW-APPELLATE JURISDICTION OVER STATE COURT DECISIONS-WHEN IS A STATE COURT DECISION "FINAL"

Rowden S.Ed., Marcus A.

Journal: Michigan Law Review

Volume: 51

First Page: 1070

Year: 1953

Bluebook Citation: 51 MICH. L. REV. 1070 (1953)

Author: Marcus A. Rowden S Ed: all 3 publications


Abstract

Plaintiff brought suit to enjoin peaceful picketing of an apartment project by defendant labor organizations. The Circuit Court, Montgomery County, Alabama granted temporary injunction ex parte. Defendants appealed to the Alabama Supreme Court which affirmed the trial court's order denying a motion to dissolve the injunction. Certiorari was sought and granted by the United States Supreme Court.

Held, certiorari had been improvidently granted since the Alabama Supreme Court's determination had not constituted a final judgment or decree. Montgomery Bldg. and Constr. Trades Council v. Ledbetter Erection Co.,. 344 U.S. 178, 73 S.Ct.

196 (1952).

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