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Railroad Co. v. Wiswall

90 U.S. 507, 23 L. Ed. 103, 23 Wall. 507, 1874 U.S. LEXIS 1329
Supreme Court of the United States·Decided February 18, 1875·Published·Cited by 86 cases

Opinion

*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 ease is by mandamus to compel action, and not by writ of error to review what has been done. †

*

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.

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Railroad Co. v. Wiswall, 90 U.S. 507, 23 L. Ed. 103, 23 Wall. 507, 1874 U.S. LEXIS 1329 (1875).

90 U.S. 507 (Railroad Co. v. Wiswall) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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