Supreme Court of the United States, 1875

Railroad Co. v. Wiswall

Railroad Co. v. Wiswall
Supreme Court of the United States · Decided February 18, 1875
90 U.S. 507; 23 L. Ed. 103; 23 Wall. 507; 1874 U.S. LEXIS 1329 (United States Reports)

Counsel

Mr. B. G. Brearly, in support of the motion; Mr. P. Phillips, contra.

Railroad Co. v. Wiswall

Cases that cite this one

74 later published cases cite this decision. The 22 that cite it most often are listed here.

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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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.