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Railroad Co. v. Wiswall

90 U.S. 507, 23 L. Ed. 103, 23 Wall. 507, 1874 U.S. LEXIS 1329
CourtSupreme Court of the United States
DecidedFebruary 18, 1875
StatusPublished
Cited by86 cases

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

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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Bluebook (online)
90 U.S. 507, 23 L. Ed. 103, 23 Wall. 507, 1874 U.S. LEXIS 1329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/railroad-co-v-wiswall-scotus-1875.