Legal Opinion
Young v. Southern Pac. Co.
Court of Appeals for the Second Circuit
Decided November 1, 1926No. 173PublishedCited by 17 opinions
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above).
To a preliminary suggestion of respondent that the law does not permit this appeal, we cannot accede. Admittedly no appeal lies from an order of remand, because Judicial Code, § 28 (Comp. St. § 1010), specifically forbids one, and none from an order refusing remand, because it is not final under Judicial Code, § 128 (Comp. St. § 1120). Since no motion to remand was made herein, it is urged that this appeal from an injunction, which only enforces a removal of assumed validity, is an indirect way of appealing from a refusal to remand.
There is some force in…
2Cases cited9 opinions
- Supreme Tribe of Ben-Hur v. CaubleSupreme Court of the United States · 1921
- Torrence v. SheddSupreme Court of the United States · 1892
- In Re Pennsylvania Co.Supreme Court of the United States · 1890
- Pacific Live Stock Co. v. LewisSupreme Court of the United States · 1916
- Chesapeake & Ohio Railway Co. v. McCabeSupreme Court of the United States · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Johnson v. Butler Bros.Court of Appeals for the Eighth Circuit · 1947
- Polyplastics, Inc. v. Transconex, Inc.Court of Appeals for the First Circuit · 1983
- Texas Employers Ins. Ass'n v. FeltCourt of Appeals for the Fifth Circuit · 1945
- Tillman v. Russo Asiatic BankCourt of Appeals for the Second Circuit · 1931
- Hoffman v. LynchDistrict Court, N.D. Georgia · 1928
12 more not listed; retrieve them via the Exa API.