Bender v. Pennsylvania Co.

Submitted March 29, 1893.

Decided April 3, 1893.

Supreme Court of the United States · decided 1893-04-03

<p>ERROR TO THE .CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO.</p> <p>Motion to dismiss: The case is stated in the opinion.</p>

2 counsel of record

Relies on McLish v. Roff · Manhattan Co. v. Blake · Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. Roberts

Good law ✅— No negative treatment on recordhow we know

Petition denied / appeal dismissed · 8–0 · Decided 1893-04-03

How this case has been cited

Cited by 113 later decisions (16 by the Supreme Court) — most recently April 2019 · most notably Hess v. Port Authority Trans-Hudson Corporation (1994), Cuyler v. Adams (1981)

30 federal appellate · 9 district · 36 state decisions — followed in 20 states

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1ERROR TO THE .CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF OHIO.

¶2An order overruling a motion to remand a case to a State Court is not a final judgment.

¶3Motion to dismiss: The case is stated in the opinion.

¶4Mr. J. R. Carey and Mr. F. J. Mullins for the motion.

¶5Mr. Lyman R. Gritchjield, opposing.

¶6The Chief Justice :

¶7This is a writ of error, brought May 29, 1889, to an order overruling a motion to remand the case1 to the State Court. Such an order is not a'final judgment'on the merits, and the writ of error must be dismissed. ' McLish v. Roff, 141 U. S. 661; Chicago, St. Paul &c. Railway v. Roberts, 141 U. S. 690; Joy v. Adelbert College, 146 U. S. 355.