RAILROAD COMPANY
v.
WISWALL
RAILROAD COMPANY
WISWALL
23 Wall. 507
Supreme Court of the United States (1874)
Negative Treatment
Also reported at: 23 L. Ed. 103 · SCDB 1874-101 · 1874 U.S. LEXIS 1329
Cited by 100 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (43 total)
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State v. Young, 31 Fla. 594 (Fla. 1893)
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The State of Fla. ex rel. John F. Hughes v. Walker, 25 Fla. 561 (Fla. 1889)…where a judge has determined that under the statutes of this State he is disqualified to hear a cause, mandamus will not lie to make him reverse his decision and hear the cause. What would be the remedy is not stated. In Railway Company vs. Wiswall, 23 Wall. 507, the order of the Circuit Court of the United States remanding, for want of jurisdiction to hear it, a case removed into it from a State court, was held not to be a final judgment which authorized a writ oí error and the writ of error was dismissed,…
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Thermtron Prods., Inc. v. Hermansdorfer, 423 U.S. 336 (U.S. 1976)…are immune from review under § 1447 (d). Section 1447 (d) has its roots in the Act of Mar. 3, 1887, 24 Stat. 552. Prior to 1875, orders of remand were not reviewable by appeal or writ of error for want of a final judgment. Railroad Co. v. Wiswall, 23 Wall. 507 (1875). Section 5 of the Judiciary Act of 1875, 18 Stat. 472, provided that if the trial court became satisfied at any time during the pendency of a case brought in or removed to that court that the case did not really or substantially involve a di…
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