Pacific Express Co. v. Malin
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS. Motion to dismiss for want of jurisdiction. The defendant in error was plaintiff below, and brought bis action at law against the plaintiff in error in the District Court of Mitchell County, Texas, for an injury done to his property by the defendant in error, and claimed damages in the sum of $5850. An answer was filed by the express company.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS. Motion to dismiss for want of jurisdiction. The defendant in error was plaintiff below, and brought bis action at law against the plaintiff in error in the District Court of Mitchell County, Texas, for an injury done to his property by the defendant in error, and claimed damages in the sum of $5850. An answer was filed by the express company. On the 6th January, 1887, the case was removed on the defendant’s petition to the Circuit Court of the United States for the Western District of Texas, and there entered…
1Opinion of the Court
Per curiam: This case is dismissed for want of jurisdiction.
Dismissed.
Mr. Phillips, at a later day, moved the court for the issuance of a mandate, and, as cause therefor, he stated that no notice of the motion for the mandate had been served on the opposite party; but that no opposition had been made to the dismissal of the case, and, as the dismissal had been made for want of jurisdiction, there would seem to be no reason why the mandate should be withheld.
Pee cueiam: Sufficient cause has been shown, and the mandate may issue at once.
Mandate issued.
2Cases cited1 opinion
- Pacific Exp. Co. v. MalinSupreme Court of the United States · 1888
3Cited by5 opinions
- The WashingtonCourt of Appeals for the Second Circuit · 1926
- Radford v. FolsomSupreme Court of the United States · 1888
- Pacific Exp. Co. v. MalinSupreme Court of the United States · 1888
- The WashingtonCourt of Appeals for the Second Circuit · 1926
- Draper v. ClarkOhio Supreme Court · 1898