Denison v. Shawmut Min. Co.
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Opinion of the Court
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HAZER, District Judge.
This is a motion for rehearing upon a decision of the -state court setting aside an attachment prior to removal of the cause to this court. It is uniformly held that the Circuit Court of the United States to which a cause is transferred from the state court will not review any questions determined by that court before removal; nor, indeed, will it listen to a motion for rehearing of a similar motion in the state court, as such hearing is held to be merely another name for an appeal. Roomis v. Carrington (C. C.) 18 Fed. 97 -99; Cleaver v. Traders’ Ins. Co. (C. C.) 40 Fed. 711 . All interlocutory questions decided while the cause was in the state court are res adjudicata so far as this court is concerned. Brooks v. Farwell (C. C.) 4 Fed. 166 , 2 McCrary, 220 ; Milligan v. Lalance & Grosjean Mfg. Co. (C. C.) 17 Fed. 465 , 21 Blatchf. 407 ; Lookout Mountain R. Co. v. Houston (C. C.) 44 Fed. 449 ; Allmark v. Platte S. S. Co. (C. C.) 76 Fed. 615 . It is undoubtedly true that the power to entertain a motion for rehearing may be exercised by this court after a transfer of the cause from the state court (Garden City Mfg. Co. v. Smith, Fed. Cas. No. 5,217, 1 Dill. 305 ), but such power should only be exercised in strict conformity with prevailing practice of the state court from which the cause was removed. Now-it is quite clear from the preliminary discussion had upon this motion-for leave to reargue that an exhaustive hearing was had upon the merits before Judge Childs. No new facts are disclosed here. The-entire claim to the right of rehearing is based upon the erroneous disposition of the motion in the state court. The prevailing practice in that court is not to allow a rehearing unless it is manifest that all the facts were not presented to the court upon the decision of the-original motion, or unless some facts were overlooked which through, inadvertence or mistake led the court into error. Van Wagener v. Royce (Sup.) 21 N. Y. Supp. 191 ; The Matter of Crane, 81 Hun, 96 , 30 N. Y. Supp. 616 .
No ground is here shown which would justify this court in granting á rehearing. The motion is therefore denied.
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