Higgins v. M'Micken
Higgins v. M'Micken
Opinion of the Court
delivered the opinion of the court. This appeal is taken from a judgment of the court below, by which that court re-
This court has, in several instances, entertained jurisdiction of causes on appeals, wherein similar applications for removal had been made, and the decisions were in favor of the claims of the applicants. Such decisions or judgments were properly considered as final, in consequence of sustaining the petitions for removal. A request to change the jurisdiction of a suit from a state court to one of theUni-ted States, under the law of congress, is analogous to a plea on the part of the defendant, to the jurisdiction of the court in which proceedings commenced; and when a removal is ordered, the plaintiff would be without remedy against such order, however illegal it might be, unless by appeal.
- The case is entirely different when the inferior court retains jurisdiction. The order is then a mere interlocutory decree, which has not the effect of doing an irreparable injury to the party against whom it is pronounced. If such decree be erroneous, the error may be
It is therefore ordered, adjudged, and decreed, that the appeal be dismissed, with costs.
Reference
- Full Case Name
- HIGGINS & AL. v. M'MICKEN
- Status
- Published