Railroad Co. v. Wiswall

Supreme Court of the United States February 18, 1875

Railroad Co. v. Wiswall, 90 U.S. 507 (1875)

23 L. Ed. 103; 23 Wall. 507; 1874 U.S. LEXIS 1329

Opinion

*508 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.

Reference

Full Case Name: Railroad Company v. Wiswall
Cited By: 86 cases
Status: Published
Syllabus: The order of a Circuit Court remanding, for want of jurisdiction to hear it, a case removed from a State court into it, is not a “ final judgment ” in that sense which authorizes a writ of error. The remedy of the party against whose will the suit has been remanded, is by mandamus to compel action, and not by a writ of error to review what has been done.