Kimball v. Evans

Supreme Court

Kimball v. Evans

93 U.S. 320, 23 L. Ed. 920, 3 Otto 320, 1876 U.S. LEXIS 1388

CourtSupreme Court of the United States

DecidedDecember 11, 1876

Docket4

StatusPublished

Cited by3 cases

This text of 93 U.S. 320 (Kimball v. Evans) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kimball v. Evans, 93 U.S. 320, 23 L. Ed. 920, 3 Otto 320, 1876 U.S. LEXIS 1388 (1876).

Pincite

Opinion

*321 Mr. Chief Justice Waite

delivered the opinion of the court.

It is clear we have no jurisdiction in this cause. The judgment of the Supreme Court is not the final judgment in the suit. It disposed finally of one of the questions involved in the suit, but not of the suit itself. The suit is still pending in the District Court, and it is not impossible that the parties now complaining may be satisfied with the judgment which they may in the end be able to secure in the State courts. If not, after a final judgment has in fact been rendered by the highest court of the State in which a decision in the suit can be had, the case may be again brought here for a determination of the questions arising upon the petition for removal. But in the present condition of the record the writ must be

Dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

*321 Mr. Chief Justice Waite

delivered the opinion of the court.

It is clear we have no jurisdiction in this cause. The judgment of the Supreme Court is not the final judgment in the suit. It disposed finally of one of the questions involved in the suit, but not of the suit itself. The suit is still pending in the District Court, and it is not impossible that the parties now complaining may be satisfied with the judgment which they may in the end be able to secure in the State courts. If not, after a final judgment has in fact been rendered by the highest court of the State in which a decision in the suit can be had, the case may be again brought here for a determination of the questions arising upon the petition for removal. But in the present condition of the record the writ must be

Dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

93 U.S. 320, 23 L. Ed. 920, 3 Otto 320, 1876 U.S. LEXIS 1388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimball-v-evans-scotus-1876.

Opinion

Related

Cite This Page — Counsel Stack