Legal Opinion

Hopper v. Kalkman

California Supreme Court

Decided July 1, 1861PublishedCited by 2 opinions

Appeal from the Seventh District. Action to foreclose a mortgage. The facts appear in the opinion of the Court. Respondent moved to dismiss the appeal for want of jurisdiction.

1Opinion of the CourtField, C. J.

Baldwin, J. concurring.

The defendants at the time of entering their appearance—one of them by answer and the other by demurrer—moved the District Court, upon a petition setting forth that they were aliens, and citizens of the free town of Bremen, in Germany, to transfer the action for trial to the Circuit Court of the United States for the Northern District of California. (Pr. Act, sec. 523.) The motion was denied ; and from the order of denial the appeal is taken.

The appeal must be dismissed ; as from the order no appeal lies. The statute enumerates the orders from which an appeal will lie…

2Cited by2 opinions

  1. State ex rel. Combination Silver Mining Co. v. CurlerNevada Supreme Court · 1868
  2. Rader v. NottinghamMontana Supreme Court · 1874

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