Railroad Co. v. Wiswall, (1875)
Court: Supreme Court of the United States
Number:
Visitors: 13
Filed: Feb. 18, 1875
Latest Update: Feb. 21, 2020
Summary: 90 U.S. 507 (_) 23 Wall. 507 RAILROAD COMPANY v. WISWALL. Supreme Court of United States. Mr. E.C. Brearly, in support of the motion; Mr. P. Phillips, contra. *508 The CHIEF JUSTICE delivered the opinion of the court. The writ of error is dismissed upon the authority of Insurance Company v. Comstock. [*] The order of the Circuit Court remanding the cause to the State court is not a "final judgment" in the action, but a refusal to hear and decide. The remedy in such a case is by mandamus to compe
Summary: 90 U.S. 507 (_) 23 Wall. 507 RAILROAD COMPANY v. WISWALL. Supreme Court of United States. Mr. E.C. Brearly, in support of the motion; Mr. P. Phillips, contra. *508 The CHIEF JUSTICE delivered the opinion of the court. The writ of error is dismissed upon the authority of Insurance Company v. Comstock. [*] The order of the Circuit Court remanding the cause to the State court is not a "final judgment" in the action, but a refusal to hear and decide. The remedy in such a case is by mandamus to compel..
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90 U.S. 507 (____)
23 Wall. 507
RAILROAD COMPANY
v.
WISWALL.
Supreme Court of United States.
Mr. E.C. Brearly, in support of the motion; Mr. P. Phillips, contra.
The CHIEF JUSTICE delivered the opinion of the court.
The writ of error is dismissed upon the authority of Insurance Company v. Comstock.[*] The order of the Circuit Court remanding the cause to the State court is not a "final judgment" in the action, but a refusal to hear and decide. The remedy in such a case is by mandamus to compel action, and not by writ of error to review what has been done.[]
NOTES
[*] 16 Wallace, 270.
[] King v. The Justices of Gloucestershire, 1 Barnewall & Adolphus, 1; 1 Chitty's General Practice, 736; Ex parte Bradstreet, 7 Peters, 647; Ex parte Newman, 14 Wallace, 165.
Source: CourtListener
