Western Union Telegraph Co. v. Ann Arbor Railroad
Supreme Court of the United States
APPEAL FROM THE- CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. This was a bill filed in the Circuit' Court of Benzie County, Michigan, by the Western Unión Telegraph Company against the Ann Arbor Railroad Company, to restrain defendant from interfering with the rights of complainant in a certain telegraph line along defendant’s railroad.
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APPEAL FROM THE- CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. This was a bill filed in the Circuit' Court of Benzie County, Michigan, by the Western Unión Telegraph Company against the Ann Arbor Railroad Company, to restrain defendant from interfering with the rights of complainant in a certain telegraph line along defendant’s railroad. The bill stated the Western Union Telegraph Company to be “ a corporation organized and existing under the laws of the State of New York, and a citizen of the said State of New York,” and the Ann Arbor Railroad Company to be “ a corporation organized and…
1Opinion of the CourtChief Justice Fuller
The Western Union Telegraph Company might have instituted its suit in the Circuit Court, but it sought the state tribunals as it had the right to do, and the defendant could not remove the case on the ground of diverse citizenship, although that fact existed, because it was itself a resident of the State. Defendant’s application to remove, therefore, was based on the averment that the suit arose “ under the Constitution and laws of the United States.” Whether it did so arise depended on complainant’s statement of its own case. Tennessee v. Bank, 152 U. S. 454. And the sixth and seventh…
2Cases cited4 opinions
- Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
- Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
- Gold-Washing and Water Co. v. KeyesSupreme Court of the United States · 1878
- Blackburn v. Portland Gold Mining Co.Supreme Court of the United States · 1900
3Cited by83 opinions
- Levering & Garrigues Co. v. MorrinSupreme Court of the United States · 1933
- Minnesota v. Northern Securities Co.Supreme Court of the United States · 1904
- Smith v. McCulloughSupreme Court of the United States · 1926
- Western Union Telegraph Co. v. Pennsylvania RailroadSupreme Court of the United States · 1904
- Gableman v. Peoria, Decatur & Evansville Railway Co.Supreme Court of the United States · 1900
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