Summary

Employers Reinsurance Corporation v…

For a long period an order of a federal court remanding a cause to the state court whence it had been removed could not be re-examined on writ of error or appeal, because not a final judgment or decree in the sense of the controlling statute. [3] But in occasional instances such an order was re-examined in effect on petition for mandamus, and this on the theory that the order, if erroneous, amounted to a wrongful refusal to proceed with the cause and that in the absence of other adequate remedy mandamus was appropriate to compel the inferior court to exercise its authority.
Source: Wikisource

Employers Reinsurance Corporation v…

It is true that the general supervisory power of this court over inferior jurisdictions is of great moment in a public point of view, and should not, upon light grounds, be deemed to be taken away in any case. Still, although the writ of mandamus is not mentioned in the section, yet the use of the words, 'such remand shall be immediately carried into execution,' in addition to the prohibition of appeal and writ of error, is strongly indicative of an intent to suppress further prolongation of the controversy by whatever process.
Source: Wikisource

Employers Reinsurance Corporation v…

A citizen of Texas sued a corporate citizen of Missouri in a state court of Gregg county, Tex., to recover a sum in excess of $3,000, exclusive of interest and costs, upon a policy of workmen's compensation insurance, and caused process to be issued out of that court and served upon an alleged agent of the defendant. Without otherwise appearing in the state court, the defendant in due time and mode caused the suit to be removed, by reason of the diverse citizenship of the parties, into the federal court for the Eastern District of Texas, which includes Gregg county.
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature