R.R. Co. v. Wiswall, 90 U.S. 507 (1875).
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R.R. Co. v. Wiswall, 90 U.S. 507 (1875). Book View Copy Cite
Railroad Company
v.
Wiswall
Supreme Court of the United States.
Feb 18, 1875.
90 U.S. 507
Mr. B. G. Brearly, in support of the motion; Mr. P. Phillips, contra.
Cited by 86 opinions  |  Published
[*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.