Brown v. Baxter, 146 U.S. 619 (1892)

U.S. Supreme Court

Brown v. Baxter

No. 1123

Submitted December 12, 1892

Decided December 19, 1892

146 U.S. 619

Syllabus

A writ of error to the court of appeals of a state to review a judgment of that court dismissing an appeal and remanding the case for further proceedings in the state court below is dismissed for want of jurisdiction.

Page 146 U. S. 620

This was an action begun and prosecuted to judgment in a circuit court of the Kentucky. From that judgment, appeal and cross-appeal were taken to the court of appeals of the state. That court, after hearing, ordered

"that said judgment be reversed on the original appeal and affirmed on the cross-appeal and cause remanded for further proceedings consistent with the opinion herein, which is ordered to be certified to said court."

The case was brought here by writ of error, to review a federal question.

U.S. Supreme Court

Brown v. Baxter

No. 1123

Submitted December 12, 1892

Decided December 19, 1892

146 U.S. 619

ERROR TO THE COURT OF APPEALS

OF THE STATE OF KENTUCKY

Syllabus

A writ of error to the court of appeals of a state to review a judgment of that court dismissing an appeal and remanding the case for further proceedings in the state court below is dismissed for want of jurisdiction.

Page 146 U. S. 620

This was an action begun and prosecuted to judgment in a circuit court of the Kentucky. From that judgment, appeal and cross-appeal were taken to the court of appeals of the state. That court, after hearing, ordered

"that said judgment be reversed on the original appeal and affirmed on the cross-appeal and cause remanded for further proceedings consistent with the opinion herein, which is ordered to be certified to said court."

The case was brought here by writ of error, to review a federal question.

THE CHIEF JUSTICE: The writ of error is dismissed upon the authority of Meagher v. Minnesota Co., 145 U. S. 608; Rice v. Sanger, 144 U. S. 197; Johnson v. Keith, 117 U. S. 199.