Citation Codes Equivalent Citations citation codes Docket Number No. 193. Attorney(S) Mr. J.R. Carey Mr. F.J. Mullins for the Mr. Lyman R. Critchfield, See more information ... Smart Summary Please sign up to generate summary. BENDER v. PENNSYLVANIA COMPANY. An order overruling a motion to remand a case to a State Court is not a final judgment. MOTION TO DISMISS. The case is stated in the opinion. THE CHIEF JUSTICE: This is a writ of error, brought May 29, 1889, to an order overruling a motion to remand the case to the State Court. Such an order is not a final judgment on the merits, and the writ of error must be dismissed. McLish v. Roff, 141 U.S. 661; Chicago, St. Paul c. Railway v. Roberts, 141 U.S. 690; Joy v. Adelbert College, 146 U.S. 355.