Bender v. Pennsylvania Company/Opinion of the Court

Lyman R. Critchfield, for plaintiff in error.

J. R. Carey, for defendant in error.

THE CHIEF JUSTICE.

This is a writ of error, brought May 29, 1889, to an order overruling a motion to remand the case 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, 12 Sup. Ct. Rep. 118; Railway Co. v. Roberts, 141 U.S. 690, 12 Sup. Ct. Rep. 123; Joy v. Adelbert College, 146 U.S. 355, 13 Sup. Ct. Rep. 186.