Illius v. . the New-York and New Haven Railroad Co.
New York Court of Appeals
Motion to dismiss appeal. The action was commenced in the supreme court of this state by the plaintiff, a citizen of New-York, against the defendant, a corporation chartered by the legislature of Connecticut.
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Motion to dismiss appeal. The action was commenced in the supreme court of this state by the plaintiff, a citizen of New-York, against the defendant, a corporation chartered by the legislature of Connecticut. The defendant obtained from the supreme court in the 1st district an ex parte order removing the cause to the circuit court of the United States, pursuant to the twelfth section of the judiciary act of the United States, on the ground that the defendant was a citizen of another state. On a motion to show cause the supreme court at special term refused to vacate the order, and the general…
1Opinion of the CourtComstock, J.
We are of opinion that the case is not within the eleventh section of the Code, and therefore that the appeal must be dismissed. If the order of the supreme court effectually transferred the cause to the United States court, then, undoubtedly^ it “prevented a judgment” in the state court. It did not however “ determine the action,” but sent it merely to another tribunal. Moreover, in the view suggested, it did not affect a “ substantial right’ within the meaning of the Code. Whatever ground of preference the plaintiff may have for one tribunal over another the right supposed to be affected…
2Cited by10 opinions
- Ulster County Sav. Inst. v. Fourth National BankNew York Supreme Court · 1889
- Carrington v. . Florida Railroad Co.New York Court of Appeals · 1873
- Ewert v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1914
- Alexander v. BennettThe Superior Court of New York City · 1874
- Alexander v. BennettThe Superior Court of New York City · 1874
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