FEDERAL COURTS - THE SCOPE OF THE REVIEW OF INTERLOCUTORY ORDERS AND DECREES UNDER SECTION 129, AS AMENDED, OF THE FEDERAL JUDICIAL CODE

In early English appellate practice, the appealability of orders and decrees from a court of equity turned upon a single arbitrary test-whether or not they were enrolled. If an order or decree of the chancellor was enrolled, an appeal could be taken. But in the United States the case was different. In considering whether or not an order or decree could be appealed from, the appellate court looked to see whether it was interlocutory or final, and it was only the latter which could be appealed.

Thus in the United States if it is found desirable to have an appeal of interlocutory orders or decrees, it is necessary to provide specifically for such appeal by statute. Section 129, as amended, of the Federal Judicial Code is such a statute. It provides for the appeal of certain interlocutory orders and decrees from the federal district courts to the circuit courts of appeals .