Garrison v. Atlantic Life Ins.

E.D. South Carolina

Garrison v. Atlantic Life Ins.

18 F. Supp. 469, 1937 U.S. Dist. LEXIS 2116

CourtDistrict Court, E.D. South Carolina

DecidedMarch 4, 1937

DocketNos. 848, 849

StatusPublished

Cited by5 cases

This text of 18 F. Supp. 469 (Garrison v. Atlantic Life Ins.) is published on Counsel Stack Legal Research, covering District Court, E.D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Garrison v. Atlantic Life Ins., 18 F. Supp. 469, 1937 U.S. Dist. LEXIS 2116 (southcarolinaed 1937).

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Opinion

MYERS, District Judge.

These cases were remanded to the state court under an order filed June 17, 1936.

Thereafter defendants’ counsel filed petition for rehearing and to have vacated the order of June 17, 1936, as in conflict with the ruling of this court in Enzor v. Jefferson Standard Life Insurance Co., 14 F.Supp. 677. After hearing, the court is satisfied (1) that the order of remand was properly granted; (2) that upon the filing of the order of remand, the effect of denial of jurisdiction, so expressed, was to return the whole case to the state court in which it originated, and that no further proceedings of any character in connection therewith were entertainable in this court. See Marchant v. Mead-Morrison Mfg. Co. (C.C.A.) 11 F.(2d) 368; Ausbrooks v. Western Union Tel. Co. (D.C.) 282 F. 733.

The court being without jurisdiction to act upon the petition for rehearing and motion to vacate the order of remand, this opinion is entered merely for the purpose of completing the record as equivalent to refusal and dismissal of the petition as filed.

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MYERS, District Judge.

These cases were remanded to the state court under an order filed June 17, 1936.

Thereafter defendants’ counsel filed petition for rehearing and to have vacated the order of June 17, 1936, as in conflict with the ruling of this court in Enzor v. Jefferson Standard Life Insurance Co., 14 F.Supp. 677. After hearing, the court is satisfied (1) that the order of remand was properly granted; (2) that upon the filing of the order of remand, the effect of denial of jurisdiction, so expressed, was to return the whole case to the state court in which it originated, and that no further proceedings of any character in connection therewith were entertainable in this court. See Marchant v. Mead-Morrison Mfg. Co. (C.C.A.) 11 F.(2d) 368; Ausbrooks v. Western Union Tel. Co. (D.C.) 282 F. 733.

The court being without jurisdiction to act upon the petition for rehearing and motion to vacate the order of remand, this opinion is entered merely for the purpose of completing the record as equivalent to refusal and dismissal of the petition as filed.

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Bluebook (online)

18 F. Supp. 469, 1937 U.S. Dist. LEXIS 2116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrison-v-atlantic-life-ins-southcarolinaed-1937.

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