Henen v. B. & O. R. R.
West Virginia Supreme Court
Writ of error to an order of the circuit court of the county of Wetzel made on the 18th day of October. 1879, in an action in said court then pending, wherein John Henen, administrator, was plaintiff and theBal-timore and Ohio Eailroad Company was defendant, al-}owec] Up0n the petition of said Henen. Hon. A. B. Fleming, judge of the second judicial circuit, made the order complained of. HaymoND.
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Writ of error to an order of the circuit court of the county of Wetzel made on the 18th day of October. 1879, in an action in said court then pending, wherein John Henen, administrator, was plaintiff and theBal-timore and Ohio Eailroad Company was defendant, al-}owec] Up0n the petition of said Henen. Hon. A. B. Fleming, judge of the second judicial circuit, made the order complained of. HaymoND. Judge, furnishes the following statement of the case: This is an action of trespass on the case brought by the plaintiff, John Henen, administrator of Jane Smith deceased, against the defendant for…
1Judgment of the CourtHayMOND, Judge
In considering this case I deem it proper to first consider, whether the order of the circuit court made in this case on the 18th day of October, 1879, is such an order made in the case as that the same may properly *888be reviewed by writ of error by this court under the law. jf. seems to me, we are not without very respectable bearing on this question. In the case of Akerly v. Vilas, 24 Wis. 165 and 1st American Keports 166, decided at Feburary term, 1869, it was held, that “an order of a State court, transferring a cause to the Federal court under the act of Congress of March 2, 1867, is an…
2Cases cited15 opinions
- Mayor v. CooperSupreme Court of the United States · 1868
- Gordon v. LongestSupreme Court of the United States · 1842
- Kanouse v. MartinSupreme Court of the United States · 1854
- Amory v. AmorySupreme Court of the United States · 1877
- Vannevar v. BryantSupreme Court of the United States · 1874
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3Cited by5 opinions
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Williamson v. JonesWest Virginia Supreme Court · 1894
- Welch v. County Court of Wetzel CountyWest Virginia Supreme Court · 1886
- White Adm'r v. HoltWest Virginia Supreme Court · 1883
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894