Hough v. Western Transp. Co.
U.S. Circuit Court for the Northern District of Illnois
' Application for a writ of mandamus against the superior court of Chicago. O. S. Hough commenced two' suits in the superior court of Chicago against the Western Transportation Company, a corporation created and existing by virtue of the laws of New York, and doing business in Chicago. The corporation filed a plea to the jurisdiction of the court; plaintiff filed replication, and defendant filed general demurrer to replication.
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' Application for a writ of mandamus against the superior court of Chicago. O. S. Hough commenced two' suits in the superior court of Chicago against the Western Transportation Company, a corporation created and existing by virtue of the laws of New York, and doing business in Chicago. The corporation filed a plea to the jurisdiction of the court; plaintiff filed replication, and defendant filed general demurrer to replication. The court sustained the demurrer, and held that the replication was no answer to the plea. Thereupon the defendant filed a petition under the 12th section of the…
1Opinion of the Court
DRUMMOND, District Judge.
An application is now made to this court for a mandamus against the superior court, requiring it, in the language of the statute, to proceed no further in the case, and to certify the case to this court, so that this cotut can take jurisdiction of it.
The question is whether under the circumstances of the case the mandamus will lie. I think it will not. Of course, in expressing this opinion it is not necessary for the court to determine whether the state court decided properly in refusing the application made by defendant.
The only provisions of law, I believe, upon the…
2Cases cited1 opinion
- People ex rel. Kanouse v. Judges of New-York Common PleasNew York Supreme Court · 1846
3Cited by4 opinions
- Stone v. SargentMassachusetts Supreme Judicial Court · 1880
- In Re Blake and Others, Ex ParteSupreme Court of the United States · 1899
- White Adm'r v. HoltWest Virginia Supreme Court · 1883
- Walker v. HowardCourt of Appeals of Texas · 1895