In re Sherman/Opinion of the Court

This motion is denied. The object of the petitioner is to compel the circuit court of the United States for the Southern district of New York to set aside an order granting a motion to remand a suit against him, which he had caused to be emoved from a state court, and to proceed to a rehearing, on the ground that at the former hearing the court did not have before it, and did not see, the complaint in the case, on which he relied to show his right to a removal. The petition makes it apparent that the motion was submitted by both parties, and decided on the papers then furnished. If, in point of fact, the complaint was not included among those papers, and it had been omitted by mistake, a rehearing might have been granted, in the discretion of the court, upon a showing to that effect; but this court has no power to require that court to do so by mandamus.