Garrison v. Atlantic Life Ins. Co., 848
| Decision Date | 04 March 1937 |
| Docket Number | No. 848,849.,848 |
| Citation | 18 F. Supp. 469 |
| Parties | GARRISON v. ATLANTIC LIFE INS. CO. SAME v. SOUTHERN STATES LIFE INS. CO. et al. |
| Court | U.S. District Court — District of South Carolina |
E. S. C. Baker, of Conway, S. C., for plaintiff.
Thomas, Lumpkin & Cain, of Columbia, S. C., for defendants.
These cases were remanded to the state court under an order filed June 17, 1936.
Thereafter defendants' counsel filed petition for rehearing and to have vacated the order of June 17, 1936, as in conflict with the ruling of this court in Enzor v. Jefferson Standard Life Insurance Co., 14 F. Supp. 677. After hearing, the court is satisfied (1) that the order of remand was properly granted; (2) that upon the filing of the order of remand, the effect of denial of jurisdiction, so expressed, was to return the whole case to the state court in which it originated, and that no further proceedings of any character in connection therewith were entertainable in this court. See Marchant v. Mead-Morrison Mfg. Co. (C.C.A.) 11 F.(2d) 368; Ausbrooks v. Western Union Tel. Co. (D.C.) 282 F. 733.
The court being without jurisdiction to act upon the petition for rehearing and motion to vacate the order of remand, this opinion is entered merely for the purpose of completing the record as equivalent to refusal and dismissal of the petition as filed.
To continue reading
Request your trial
-
THE CATALINA
... ... EDWARDS et al ... WILMINGTON TRANSP. CO ... No. 7594-Y ... District Court, S. D ... became awash aft and its occupants cleared a life boat and made their way to, and were eventually ... ...
-
Bucy v. Nevada Const. Co., 9796.
...has been followed by other district courts, see particularly Leslie v. Floyd Gas Co., D.C.Ky., 11 F.Supp. 401; Garrison v. Atlantic Life Ins. Co., D.C.S. C., 18 F.Supp. 469, and it is significant that no considered case from a district court holding the contrary has been found in the books.......
-
In re La Providencia Development Corporation
...v. Blake, W.D.Ark., 1963, 212 F.Supp. 133; Poindexter v. Gross & Janes Co., W.D.Ark., 1958, 167 F.Supp. 151; Garrison v. Atlantic Life Ins. Co., E.D. S.C., 1937, 18 F.Supp. 469; Leslie v. Floyd Gas Co., E.D.Ky., 1935, 11 F.Supp. 401; see Thompson v. Kelly, 8 Cir., 1948, 170 F.2d 213; cf. Tr......
-
Three J Farms, Inc. v. Alton Box Bd. Co.
...further proceedings of any character, including the defendants' motion to vacate the original remand order. See Garrison v. Atlantic Life Ins. Co., 18 F.Supp. 469 (E.D.S.C.1937). The prohibition against further consideration of the remand order is found in the plain language of 28 U.S.C. § ......