Railroad Co. v. Wiswall
Supreme Court of the United States
On motion to dismiss a writ of error to the Circuit Court for the Southern District of Illinois. The case was this: Wiswall, a citizen of Illinois, sued, in one of the inferior State courts of the State just named, the Chicago and Alton Railroad Company.
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On motion to dismiss a writ of error to the Circuit Court for the Southern District of Illinois. The case was this: Wiswall, a citizen of Illinois, sued, in one of the inferior State courts of the State just named, the Chicago and Alton Railroad Company. The company conceiving that the case was properly cognizable in the Circuit Court of the United States for that district — the Southern District of Illinois— got an order from that court, the court below, commanding the State court to send the record to it. This the State court did. However, upon looking further into the matter, the Circuit…
1Opinion of the Court
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.
2Cited by85 opinions
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- In Re HohorstSupreme Court of the United States · 1893
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