Cole v. Garland
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Western District of Wisconsin. The plaintiff in error, on April 17, 1900, brought suits in the circuit court for Price county, Wis., upon money demands, — one against 1<’. S. Garland for $1,000.75, and one against Alexander McCall for $125. In each of these suits a writ of attachment was issued and levied upon certain lumber of the appraised value of $1,288, claimed to belong to tbe defendant in such suit.Thereafter…
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In Error to the Circuit Court of the United States for the Western District of Wisconsin. The plaintiff in error, on April 17, 1900, brought suits in the circuit court for Price county, Wis., upon money demands, — one against 1<’. S. Garland for $1,000.75, and one against Alexander McCall for $125. In each of these suits a writ of attachment was issued and levied upon certain lumber of the appraised value of $1,288, claimed to belong to tbe defendant in such suit.Thereafter the Bank of Hamilton, a corporation created under the laws of the dominion of Canada, and located at Hamilton, in the…
1Opinion of the CourtJenkins, Circuit Judge
Before the act of March 3, 1875 (18 Stat. 472, c. 137, § 5), an order remanding a cause was not reviewable, because not a final judgment or decree in the sense which authorizes a writ of error or appeal. Insurance Co. v. Comstock, 16 Wall. 258, 270, 21 L. Ed. 493; Railroad Co. v. Wiswall, 23 Wall. 507, 23 L. Ed. 103. That act gave for the first time a writ of error or appeal. The last clause of section 2 of the act of 1887 (24 Stat. 553, c. 373, § 2), as corrected by the act of 1888 (25 Stat. 435, c. 866), provides:
“Whenever any cause shall be removed from any state court into any circuit…
2Cases cited7 opinions
- In Re Pennsylvania Co.Supreme Court of the United States · 1890
- Railroad Co. v. WiswallSupreme Court of the United States · 1875
- Insurance Co. v. ComstockSupreme Court of the United States · 1873
- Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. RobertsSupreme Court of the United States · 1891
- Morey v. LockhartSupreme Court of the United States · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States v. RiceSupreme Court of the United States · 1946
- Gay v. RuffSupreme Court of the United States · 1934
- United States v. FixicoCourt of Appeals for the Tenth Circuit · 1940
- Hull v. Jackson County Circuit CourtCourt of Appeals for the Sixth Circuit · 1943
- Snypp v. State of OhioCourt of Appeals for the Sixth Circuit · 1934
3 more not listed; retrieve them via the Exa API.