Railroad Co. v. Wiswall

Supreme Court of the United States | 1875-02-18

23 L. Ed. 103,23 Wall. 507,90 U.S. 507,1874 U.S. LEXIS 1329
*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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