Opinion · Supreme Court of the United States
Railroad Co. v. Wiswall
R.R. Co. v. Wiswall, 23 L. Ed. 103 (1875)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1875-02-18
- Topic
- general
deeming a “writ of error to review what has been done” an inappropriate vehicle for reviewing a court of appeals’ “refusal to hear and decide” | deeming a "writ of error to review what has been done" an inappropriate vehicle for reviewing a court of appeals' "refusal to hear and decide"
Citator
- Cited by
- 49 opinions
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. †