Chicago and Alton Railroad Company v. Wiswall/Opinion of the Court

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728147Chicago and Alton Railroad Company v. Wiswall — Opinion of the CourtMorrison Waite

United States Supreme Court

90 U.S. 507

Chicago and Alton Railroad Company  v.  Wiswall

The writ of error is dismissed upon the authority of Insurance Company v. Comstock. #fn-s-s [1] 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 case is by mandamus to compel action, and not by writ of error to review what has been done. #fn-s-s-s [2]

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