Railroad Company v. Wiswall

Mr. E. C. Brearly, in support of the motion; Mr. P. Phillips, contra. The writ of error is dismissed upon the authority of Insurance Company v. Comstock.2 ** 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.3 ***