Germania Fire Insurance v. Francis
Mississippi Supreme Court
Error to the Circuit Court of Lee County. Hon. B. B. Boone, Judge. The facts appear in the opinion of the court. 1. The defendant in error had no cause in the circuit court of Monroe county to be redocketed, after the order of removal and the expiration of the term of that court in which it had become a judicial order; and, in fact, the circuit court of' Monroe county had no more authority to restore that cause than it had to transfer to its own docket a cause commenced…
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Error to the Circuit Court of Lee County. Hon. B. B. Boone, Judge. The facts appear in the opinion of the court. 1. The defendant in error had no cause in the circuit court of Monroe county to be redocketed, after the order of removal and the expiration of the term of that court in which it had become a judicial order; and, in fact, the circuit court of' Monroe county had no more authority to restore that cause than it had to transfer to its own docket a cause commenced oi’iginally in the federal court, at Oxford, between the same-parties, the judgment of which had been set aside by the…
1Opinion of the CourtCampbell, J.
It is earnestly contended by counsel for plaintiff in error that Francis caused his action to be discontinued by producing an order for its removal from the circuit court of Monroe county, where he had instituted it, to the district court of the United States, at Oxford, and talcing the papers of the case from the clerk’s office of the circuit court of Monroe county, whereby all trace of the case was removed. from the circuit court of Monroe, and the case lost sight of in said circuit court for three and one-half years, during which Francis was prosecuting his case in the said district court…
2Cases cited1 opinion
- Wilkinson v. CookMississippi Supreme Court · 1870
3Cited by16 opinions
- Knahtla v. Oregon Short Line, etc., Ry. Co.Oregon Supreme Court · 1891
- Laenger v. LaengerSupreme Court of Louisiana · 1915
- Doerr v. WarnerSupreme Court of Minnesota · 1956
- Comans v. TapleyMississippi Supreme Court · 1911
- Tracy Loan & Trust Co. v. Mutual Life Ins. Co. of New YorkUtah Supreme Court · 1932
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