Harding v. Corn Products Mfg. Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Action by George F. Harding against the Corn Products Manufacturing Company. From an order denying plaintiff’s motion to remand a cause to the state court, awarding costs against'him, and directing that execution issue therefor, he appeals.
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Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. Action by George F. Harding against the Corn Products Manufacturing Company. From an order denying plaintiff’s motion to remand a cause to the state court, awarding costs against'him, and directing that execution issue therefor, he appeals. The appellant, Harding, is complainant in an equity suit against the ap-pellee, pending in the court below, on removal from a state court, and this appeal is from an order or decree therein denying the appellant’s motion to remand the cause to…
1Opinion of the Court
SEAMAN, Circuit Judge.
The appellant’s contention that this appeal from an interlocutory order in equity is entertainable rests alone on the provision thereof awarding costs to the appellee defendant, to be enforced by execution. It is both unquestionable and undisputed that no appeal-is authorized from its denial of the motion to remand the cause, as proceedings thereupon are not reviewable pending final disposition of the issues. Thus, without other appealable subject-matter, the question is distinctly presented whether an appeal lies from such award of costs between the parties to this suit…
2Cases cited12 opinions
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- Canter v. American InsuranceSupreme Court of the United States · 1830
- Paper-Bag MacHine Co. v. NixonSupreme Court of the United States · 1882
- Wingert v. First Nat. Bank of HagerstownSupreme Court of the United States · 1912
- City Bank of Fort Worth v. HunterSupreme Court of the United States · 1894
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