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