Ausbrooks v. Western Union Telegraph Co.
District Court, M.D. Tennessee
At Law. Action by Estelle Ausbrooks, administratrix, against the Western Union Telegraph Company. On motion to vacate order remanding cause to state court. Action at law commenced in the Circuit Court of Davidson County, Tennessee, and removed, on the defendant’s petition, to the United States District Court for the Nashville Division of the Middle District of Tennessee.
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At Law. Action by Estelle Ausbrooks, administratrix, against the Western Union Telegraph Company. On motion to vacate order remanding cause to state court. Action at law commenced in the Circuit Court of Davidson County, Tennessee, and removed, on the defendant’s petition, to the United States District Court for the Nashville Division of the Middle District of Tennessee. On June 3, 1921, a motion by the plaintiff to remand was granted, and an order entered remanding the canse to the State conrt. On June 11,1921, a subsequent day of the same term, the defendant filed its petition for a…
1Opinion of the Court
SANFORD, District Judge.
Section 28 of the Judicial Code (derived from the Act of March 3, 1887, c. 373, 24 Stat. 552, 553 [Comp. St. § 1010]), provides that when a District Court decides that a cause has been improperly removed from a State court and orders it to be remanded thereto “such remand shall be immediately carried into execution.” When a remanding order is entered by the Federal court, the State court is thereby “reinvested with jurisdiction,” which cannot be defeated by another removal upon the same grounds. St. Paul Railroad v. McLean, 108 U. S. 212, 213, 217, 2 Sup. Ct. 498, 27…
2Cases cited6 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- St. Paul & Chicago Railway Co. v. McLeanSupreme Court of the United States · 1883
- Winchell v. ConeySupreme Court of Connecticut · 1886
- Empire Min. Co. v. Propeller Tow-Boat Co.U.S. Circuit Court for the District of South Carolina · 1901
- Empire Mining Co. v. Propeller Towboat Co.Supreme Court of South Carolina · 1901
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3Cited by9 opinions
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- Yarbrough v. BlakeDistrict Court, W.D. Arkansas · 1962
- Bankers Securities Corp. v. Insurance Equities Corp.Court of Appeals for the Third Circuit · 1936
- Leslie v. Floyd Gas Co.District Court, E.D. Kentucky · 1935
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