Opinion · Supreme Court of the United States

Railroad Co. v. Wiswall

R.R. Co. v. Wiswall, 90 U.S. (23 Wall.) 507 (1875)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1875-02-18
Topic
general

How later courts describe this case

  • 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

UpLaw has not yet analyzed Railroad Co. v. Wiswall. The absence of a flag is not a finding that it is good law.

Cited by
86 opinions
*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.