Denison v. Shawmut Min. Co.
U.S. Circuit Court for the District of Western New York
On Motion for Rehearing of a Motion to Set Aside an Attachment.
1Opinion of the Court
HAZER, District Judge.
This is a motion for rehearing upon a decision of the -state court setting aside an attachment prior to removal of the cause to this court. It is uniformly held that the Circuit Court of the United States to which a cause is transferred from the state court will not review any questions determined by that court before removal; nor, indeed, will it listen to a motion for rehearing of a similar motion in the state court, as such hearing is held to be merely another name for an appeal. Roomis v. Carrington (C. C.) 18 Fed. 97-99; Cleaver v. Traders’ Ins. Co. (C. C.) 40 Fed.…
2Cases cited8 opinions
- Brooks v. FarwellU.S. Circuit Court for the District of Colorado · 1880
- In re CraneNew York Supreme Court · 1894
- Allmark v. Platte S. S. Co.U.S. Circuit Court for the District of Eastern New York · 1896
- Lookout Mountain R. Co. v. HoustonU.S. Circuit Court for the District of Eastern Tennessee · 1890
- Garden City Manuf'g Co. v. SmithU.S. Circuit Court for the District of Nebraska · 1871
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3Cited by1 opinion
- McDonnell v. WasenmillerCourt of Appeals for the Eighth Circuit · 1934