
    STANDARD STEEL CAR CO. v. THE UNITED STATES
    [No. A-307.
    Decided December 7, 1925]
    
      On Defendant's Application for Appeal
    
    
      Appeal; interlocutory order. — The statute authorizing appeals from the Court of Claims relates to final judgments upon the whole case and not to an order sustaining a demurrer to a proposed counterclaim by the Government.
    
      The Reporter's statement of the case:
    
      Mr. George A. King, on the brief.
    
      Mr. Pant Shipman Andrew's, with whom was Mr. Assistant Attorney General Herman J. Galloway, for the application. Messrs. John G. Ewing, Jerome Michael, James J. Lenihan, and W. S. Ward were on the brief.
    The application was for an appeal from an order sustaining a demurrer to a proposed counterclaim, and with the order overruling the application was filed the following opinion
   Per curiam:

The application for appeal is overruled because the court is of opinion that the statute authorizing appeals relates to final judgments upon the whole case and not to an order sustaining a demurrer to a proposed counterclaim by the Government. Counterclaims may be filed (sec. 145, Judicial Code), and the court is required to render judgment “ upon the whole case ” (sec. 146). A ruling as to the validity of the counterclaim is interlocutory. The final judgment from which an appeal is authorized has not been entered, and the Government should not be allowed, by appeal, to suspend the further prosecution of the case pending an appeal from this interlocutory order.  