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WHITCOMB v. SMITHSON

No. 150.

175 U.S. 635 (1900)

20 S.Ct. 248

44 L.Ed. 303

WHITCOMB v. SMITHSON.

Supreme Court of United States.

Decided January 8, 1900.

Attorney(s) appearing for the Case

Mr. John A. Lovely for the motions.

Mr. Howard Morris and Mr. Thomas H. Gill opposing.

MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court.

The action of the Circuit Court in remanding the cause after its removal on the first application is not open to revision on this writ of error. Missouri Pacific Railway v. Fitzgerald, 160 U.S. 556. And if the state court did not err in denying the second application, the motion to affirm must be sustained, as we think the question of...

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