TaiLexi AI U.S. Case Law

Hopper v. Kalkman

Hopper v. Kalkman, 17 Cal. 517 (1861)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
California Supreme Court · State Highest Courts
Decided
July 1, 1861
Judges
Field
Citations
17 Cal. 517
Syllabus
No appeal lies from an order, made before final judgment, refusing to transfer a cause from a District Court of this State to the Circuit Court of the United States for trial, because of the alienage of defendant. The remedy in such case, if any, is by mandamus from the Supreme Court to the District Court.
Summary
Appeal from the Seventh District. Action to foreclose a mortgage. The facts appear in the opinion of the Court. Respondent moved to dismiss the appeal for want of jurisdiction.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Field

Text extracted by OCR from a scanned original; check the original for exact wording.

Field, C. J. delivered the opinion of the Court

Baldwin, J. concurring.

The defendants at the time of entering their appearance—one of them by answer and the other by demurrer—moved the District Court, upon a petition setting forth that they were aliens, and citizens of the free town of Bremen, in Germany, to transfer the action for trial to the Circuit Court of the United States for the Northern District of California. (Pr. Act, sec. 523.) The motion was denied ; and from the order of denial the appeal is taken.

The appeal must be dismissed ; as from the order no appeal lies. The statute enumerates the orders from which an appeal will lie before final judgment; and this is not embraced among them. (Pr. Act, sec. 347.) The remedy of the appellants, if entitled to the transfer, is to apply to this Court for a tiiandamus upon the District Court.

Appeal dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1868–1869: 11874–1875: 118682026peak 1868 · 1

Relies on it most ⓘ

  1. State ex rel. Combination Silver Mining Co. v. Curler4 Nev. 445 (1868)
  2. Rader v. Nottingham2 Mont. 157 (1874)

Most recent

  1. Rader v. Nottingham2 Mont. 157 (1874)
  2. State ex rel. Combination Silver Mining Co. v. Curler4 Nev. 445 (1868)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list