Great Western Telegraph Co. v. Burnham
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF MILWAUKEE COUNTY, STATE OF WISCONSIN. This was an action similar to that of Great Western Telegraph Company v. Purdy, ante, 329, and was brought October 8, 1888, in the circuit court of Milwaukee county in the State of "Wisconsin, by the same plaintiff against George Burnham, and prosecuted against his executors, to recover the amount of an assessment alleged to be due under a contract of subscription in the same form as in that case, and under…
Read the full summary
ERROR TO THE CIRCUIT COURT OF MILWAUKEE COUNTY, STATE OF WISCONSIN. This was an action similar to that of Great Western Telegraph Company v. Purdy, ante, 329, and was brought October 8, 1888, in the circuit court of Milwaukee county in the State of "Wisconsin, by the same plaintiff against George Burnham, and prosecuted against his executors, to recover the amount of an assessment alleged to be due under a contract of subscription in the same form as in that case, and under the decree of the circuit court of Cook County in the State of Illinois, therein stated. The complaint did not state the…
1Opinion of the CourtJustice Gray
This court has no jurisdiction, upon writ of error, to review a judgment of a state court, unless it was a final judgment, by the highest court of the State in which a decision in the suit could be had, and against a right set up under the Constitution or laws of the United States. Rev. Stat, § 709.
The order of the inferior court of Wisconsin, overruling the defendant’s demurrer, with leave to answer over, was clearly not a final judgment, under the Judiciary Act of the United States, although it was re viewable on appeal in the Supreme Court of Wisconsin, under the statutes and practice of…
2Cases cited16 opinions
- In Re Sanford Fork & Tool Co.Supreme Court of the United States · 1895
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Bostwick v. BrinkerhoffSupreme Court of the United States · 1882
- Roberts v. CooperSupreme Court of the United States · 1858
- Luxton v. North River Bridge Co.Supreme Court of the United States · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Messenger v. AndersonSupreme Court of the United States · 1912
- White v. MurthaCourt of Appeals for the Fifth Circuit · 1967
- Smith v. Vulcan Iron WorksSupreme Court of the United States · 1897
- Thompson v. Maxwell Land Grant & Railway Co.Supreme Court of the United States · 1897
- Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
56 more not listed; retrieve them via the Exa API.