Hopper v. Kalkman

California Supreme Court

Hopper v. Kalkman

17 Cal. 517

CourtCalifornia Supreme Court

DecidedJuly 1, 1861

StatusPublished

Cited by2 cases

This text of 17 Cal. 517 (Hopper v. Kalkman) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hopper v. Kalkman, 17 Cal. 517 (Cal. 1861).

Pincite

Opinion

Field, C. J. delivered the opinion of the Court

Baldwin, J. concurring.

The defendants at the time of entering their appearance—one of them by answer and the other by demurrer—moved the District Court, upon a petition setting forth that they were aliens, and citizens of the free town of Bremen, in Germany, to transfer the action for trial to the Circuit Court of the United States for the Northern District of California. (Pr. Act, sec. 523.) The motion was denied ; and from the order of denial the appeal is taken.

The appeal must be dismissed ; as from the order no appeal lies. The statute enumerates the orders from which an appeal will lie before final judgment; and this is not embraced among them. (Pr. Act, sec. 347.) The remedy of the appellants, if entitled to the transfer, is to apply to this Court for a tiiandamus upon the District Court.

Appeal dismissed.

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Field, C. J. delivered the opinion of the Court

Baldwin, J. concurring.

The defendants at the time of entering their appearance—one of them by answer and the other by demurrer—moved the District Court, upon a petition setting forth that they were aliens, and citizens of the free town of Bremen, in Germany, to transfer the action for trial to the Circuit Court of the United States for the Northern District of California. (Pr. Act, sec. 523.) The motion was denied ; and from the order of denial the appeal is taken.

The appeal must be dismissed ; as from the order no appeal lies. The statute enumerates the orders from which an appeal will lie before final judgment; and this is not embraced among them. (Pr. Act, sec. 347.) The remedy of the appellants, if entitled to the transfer, is to apply to this Court for a tiiandamus upon the District Court.

Appeal dismissed.

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Bluebook (online)

17 Cal. 517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hopper-v-kalkman-cal-1861.

Opinion

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