Ex Parte Baltimore & Ohio R. Co. - 108 U.S. 566 (1883)


U.S. Supreme Court

Ex Parte Baltimore & Ohio R. Co., 108 U.S. 566 (1883)

Ex Parte Baltimore and Ohio Railroad Company

Decided May 7, 1883

108 U.S. 566

Syllabus

A writ of mandamus cannot be used to bring up for review a judgment of a circuit court on a plea to the jurisdiction.

Where a circuit court on demurrer vacated and quashed a writ of replevin for want of jurisdiction, it was a final judgment, and it was, if the case was otherwise within the court's jurisdiction, subject to review on a writ of error.

Motion to dismiss a petition for mandamus to the Circuit Court of the United States for the Western District of Virginia to direct that court to take jurisdiction in a replevin suit.



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