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Rice v. Sanger

144 U.S. 197 Court SCOTUS Decision date 1892-03-28 Docket No. 1400 English

Delivered by The Chief Justice :

Contents

Majority

p. 197
RICE v. SANGER.

Syllabus

ERROR TO THE SUPREME COURT OE THE STATE OE KANSAS.
No. 1400.
Submitted March 21, 1892.
Decided March 28, 1892.
The judgment of the Supreme Court of a State iñ a case which is remanded by that court to the trial court and retried there, is not a final judgment which can be reviewed by this court.
Motion to dismiss. The case is stated in the opinion.
Mr. William A. MeKenney and Mr. J. D. McGl&verty' for the motion.
Mr. F. F. Ware opposing.

This was an action commenced by one Rice against Sanger et al. in the District Court of Bourbon County, Kansas, wherein judgment was rendered February 27, 1888, in favor of plaintiff. The cause was thereupon taken by the defendants to the Supreme Court of that State, the judgment reversed, and the cause remandad for further proceedings in accordance with the views of the court as expressed in its written opinion. To review this judgment, a writ of error from this court was allowed, but after that, the case went back to the state district court in accordance with the-mandate of the Supreme Court, and was subsequently tried therein.

The judgment attempted to be brought here was not a final judgment, and the writ of error is Dismissed.