Fletcher v. Hamlet
Supreme Court of the United States
error to the circuit court of the united states for the EASTERN DISTRICT OF LOUISIANA. This was a motion to dismiss or affirm. The facts which make the case are stated in the opinion of the court.
1Opinion of the CourtChief Justice Waite
This is a writ of error brought under § 5 of the act of March 3, 1875, 18 Stat. 470, oh. 137, for the review of an order of the Circuit Court remanding a case which had been removed from a State court. It has been advanced under Rule 32, and is now for hearing on its merits. In submitting the case the defendants in error treat the rule as though it required a motion to dismiss or affirm. Such is not the proper practice. Cases advanced under section 3 of Rule 32 are to be submitted like motions to dismiss under Rule 6, that is to say, on printed hriefs or arguments after service of notice and…
2Cited by70 opinions
- David C. Wilson v. Intercollegiate (Big Ten) Conference Athletic Association, an Unincorporated AssociationCourt of Appeals for the Seventh Circuit · 1982
- Johnson v. Heublein Inc.Court of Appeals for the Fifth Circuit · 2000
- Barbour v. International UnionCourt of Appeals for the Fourth Circuit · 2011
- Robert L. Bradford v. Emmet E. HardingCourt of Appeals for the Second Circuit · 1960
- Brooks v. ClarkSupreme Court of the United States · 1886
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