Jackson v. Alabama Great Southern Railroad
Mississippi Supreme Court
• Appeal from the Circuit Court of Lauderdale County. • Hon. J. S. Hamm, Judge. W. H. Jackson sued the Alabama Great Southern Railroad Company in the Circuit Court of Lauderdale County for several thousand dollars. The defendant pleaded to the action, but before the trial of the case presented a petition for its removal to the United States Circuit Court for the Southern District of Mississippi.
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• Appeal from the Circuit Court of Lauderdale County. • Hon. J. S. Hamm, Judge. W. H. Jackson sued the Alabama Great Southern Railroad Company in the Circuit Court of Lauderdale County for several thousand dollars. The defendant pleaded to the action, but before the trial of the case presented a petition for its removal to the United States Circuit Court for the Southern District of Mississippi. The plaintiff filed many objections in the State court to the application for removal; but that court made an order reciting “ that said petition be-granted, and that this court will proceed no…
1Opinion of the CourtCampbell, J.
The Circuit Court of Lauderdale County, having approved the bond of the petitioner, offered as “ surety for his entering *651in” the Circuit Court of the United States for the Southern District of Mississippi the copies required by sect. 639 of the Revised Statutes of the United States, determined to pro.ceed no further in the cause, and from this an appeal was ¡taken to this court.
The question arises, whether an appeal could be taken in the ■case stated.' That depends on whether the determination to proceed no further in the cause is a final judgment, and that ■depends on whether the Circuit…
2Cases cited1 opinion
- Germania Fire Insurance v. FrancisMississippi Supreme Court · 1876
3Cited by3 opinions
- Mercer v. Glass' Ex'rCourt of Appeals of Kentucky · 1889
- Beaty v. Massachusetts Protective Ass'nSupreme Court of South Carolina · 1931
- Montgomery & Atlanta Motor Freight Lines, Inc. v. MorrisMississippi Supreme Court · 1942