Thibaut v. Car & General Ins. Corporation, Limited

Fifth Circuit

Thibaut v. Car & General Ins. Corporation, Limited

181 F.2d 494, 1950 U.S. App. LEXIS 2626

Court of Appeals for the Fifth Circuit·Decided April 21, 1950·No. 13009_1·Published·Cited by 2 cases

Opinion

PER CURIAM.

When this case was last here we sent it back with directions that judgment be entered for defendant but with authority, however, to grant a new triál if so advised. 5 Cir., 161 F.2d 657. This procedure was merely a remand with directions to enter judgment subject to the trial judge’s discretion in determining whether he would refuse or grant a new trial and having been submitted to his discretionary jurisdiction his order is not appealable.

The appeal is dismissed.

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PER CURIAM.

When this case was last here we sent it back with directions that judgment be entered for defendant but with authority, however, to grant a new triál if so advised. 5 Cir., 161 F.2d 657. This procedure was merely a remand with directions to enter judgment subject to the trial judge’s discretion in determining whether he would refuse or grant a new trial and having been submitted to his discretionary jurisdiction his order is not appealable.

The appeal is dismissed.

Thibaut v. Car & General Ins. Corporation, Limited, 181 F.2d 494, 1950 U.S. App. LEXIS 2626 (5th Cir. 1950).

Pincite

181 F.2d 494 (Thibaut v. Car & General Ins. Corporation, Limited) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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