Brooks v. Calderwood
BROOKS v. CALDERWOODs.
- Area
- civil
- Panel
- Stephen J. Field (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Field
Field, C. J.
Cope, J. concurring.—Ordered Ordered that the appeal be dismissed, on the authority of the case cited by the respondent.
*125Subsequently, appellant applied for a rehearing, contending that by stipulation the case was submitted on its merits.
Field, C. J. delivered the opinion of the Court —Cope, J. concurring.
As no appeal lies from the order refusing to transfer the cause to the Circuit Court of the United States for trial, this Court has no jurisdiction to pass upon the merits of the application of the defendant, even with the stipulation of the parties. It will be time enough to consider the merits when the case is properly before us.
Rehearing denied.
Cited by
- Schlyen v. Schlyen L. A. 22534 · 1954-08-31
- Estate of Hanley v. Hanley L. A. 18316 · 1943-10-29