U.S. Supreme Court FOX v. CAPITAL CO., 299 U.S. 105 (1936)

[Page 299 U.S. 105, 109]

endeavor to reimburse a harassed creditor for the damages occasioned by obstruction and delay. Errors, if there were any, did not split the controversy into parts, one civil and one criminal. Cf. Collins v. Miller, 252 U.S. 364, 370, 40 S.Ct. 347, 349. It retained from first to last its unitary quality. In levying the fine, the court was not acting sua sponte, or at the instance of the government through a prosecuting officer. Gompers v. Buck's Stove & Range Co., supra; Lamb v. Cramer, supra; Union Tool Co. v. Wilson, 259 U.S. 107, 112, 42 S.Ct. 427, 429; Michaelson v. United States, 266 U.S. 42, 64, 45 S.Ct. 18, 19, 35 A.L.R. 451; Leman v. Krentler-Arnold Hinge Last Co., 284 U.S. 448, 452, 52 S.Ct. 238, 240. It lent a helping hand to a suppliant for aid.

The order is not final and there is no error in the ruling that it is not subject to appeal.

AFFIRMED.

Mr. Justice STONE took no part in the consideration or decision of this case.