United States Supreme Court Cases & Opinions

U.S. Supreme Court

Waco v. United States Fidelity & Guaranty Co., 293 U.S. 140 (1934)

Waco v. United States Fidelity & Guaranty Co.

No. 5

Argued October 9, 1934

Decided November 5, 1934

293 U.S. 140

Syllabus

In a suit brought in a state court of Texas against public contractors and a municipality for damages alleged to have been caused by a street obstruction, the city, by a cross-action, vouched in a surety company, which removed the cause to the federal district court. That court dismissed the cross action and then remanded the case to the state court.

Held:

Page 293 U. S. 141

1. The order dismissing the cross-action, if not reversed or set aside, was conclusive against the city and was appealable. P. 293 U. S. 143.

2. While reversal cannot affect the order of remand, it will at least remit the entire controversy to the state court. P. 293 U. S. 143.

67 F.2d 785 reversed.

Certiorari, 292 U.S. 618, to review a judgment dismissing an appeal from a judgment of the District Court.