COLE

v.

GARLAND

Citator

Cited By

• United States v. Rice, 327 U.S. 742 (U.S. 1946)
  …f the Act of 1887 were intended to be applicable not only to remand orders made in suits removed under the Act of 1887, but to orders of remand made in cases removed under any other statutes, as well. Cole v. Garland, 107 F. 759, dismissed on appeal 183 U. S. 693, approved in Gay v. Ruff, 292 U. S. 25, 29, n. 5; see also Employers Corp. v. Bryant, supra, 380-1. It was so held with respect to the Act of 1926 in United States v. Fixico, 115 F. 2d 389. Nothing in the Act of 1926 purports to impair or restrict…
• Gay v. Ruff, 292 U.S. 25 (U.S. 1934)
  …61 F. (2d) 485. The contention made that the prohibition in § 28 does not extend to cases under § 33, because of the saving clause in § 5 of the Acts of 1887 and 1888, appears to be unfounded. See Cole v. Garland, 107 Fed. 759; dismissed on appeal, 183 U.S. 693. Compare Kentucky v. Powers, 139 Fed. 452. Moreover, the saving clause of § 5 of the Acts of 1887 and 1888 was in terms applicable to Revised Statutes §§ 641, 642, 643; and those sections were repealed expressly by the Judicial Code. Their substance…
• Snypp v. State of Ohio, 70 F.2d 535 (6th Cir. 1934)
  …ision of the distriet court” upon the remanding of a cause, has no application. However, it has been ruled to the contrary in Cole v. Garland (C. C. A. 7) 107 F. 759. Proceedings in error were dismissed by the Supreme Court for want of jurisdiction. 183 U. S. 693, 22 S. Ct. 933, 46 L. Ed. 393. Under the settled practice of this court we may, upon this motion, also, notice the second 'ground of the motion to dismiss the appeal, and treat it as a motion to affirm. C. N. Bevan v. Gilson D. Light, as Sheriff of…

Authorities Cited

• German Nat'l Bank v. Speckert, 181 U.S. 405 (U.S. 1901)