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· 2/18/1875

Railroad Co. v. Wiswall

Citations

  • 90 U.S. 507
  • 23 L. Ed. 103
  • 23 Wall. 507
  • 1874 U.S. LEXIS 1329

Syllabus

<p>The order of a Circuit Court remanding, for want of jurisdiction to hear it, a case removed from a State court into it, is not a “ final judgment ” in that sense which authorizes a writ of error. The remedy of the party against whose will the suit has been remanded, is by mandamus to compel action, and not by a writ of error to review what has been done.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • 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”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.