(Download) "Chesapeake and Ohio Railway Company v. Mccabe" by Supreme Court of the United States * eBook PDF Kindle ePub Free
eBook details
- Title: Chesapeake and Ohio Railway Company v. Mccabe
- Author : Supreme Court of the United States
- Release Date : January 05, 1909
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
question in this case, and it is the one which we regard as decisive of it, concerns the effect of the judgment rendered in the Circuit Court of the United States after it had taken jurisdiction, which was undertaken to be set up in the state court as a bar to further proceedings therein. It is contended by the defendant in error that when the Court of Appeals of Kentucky rendered its judgment holding that the case was not a removable one (March 5, 1902), that was a final judgment upon the question of jurisdiction, and the case should have been brought here for review and determination. But we are of opinion that this contention is not tenable. The case was three times in the Court of Appeals of Kentucky, and only the last judgment in that court was a final one. As we have seen, the state Circuit Court, in which the action was originally begun, held the case was a removable one, and from that order an appeal was prosecuted to the Court of Appeals of Kentucky, that court, concluding that both railroads could be properly joined in the action, held that the case was not removable, and remanded the same to the state court for furher proceedings.
 "Chesapeake and Ohio Railway Company v. Mccabe" by Supreme Court of the United States * eBook PDF Kindle ePub Free){kind=link}