Excelsior Pebble Phosphate Co. v. Brown
Court of Appeals for the Fourth Circuit
This ease comes up by an appeal from the circuit court of the United States for the district of West Virginia. The original bill was brought by three stockholders of the Excelsior Pebble Phosphate Company, a corporation of the state of West Yirginla, making the corporation the party defendant.
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This ease comes up by an appeal from the circuit court of the United States for the district of West Virginia. The original bill was brought by three stockholders of the Excelsior Pebble Phosphate Company, a corporation of the state of West Yirginla, making the corporation the party defendant. The bill states that this corporation was formed for the purpose of purchasing phosphate lands in the state of Florida., and the digging, mining, and quarrying pebble phosphate and phosphate rock, and the treatment and preparation of the same Cor market, In accordance with the customs and usages of the…
1Opinion of the CourtSimontox, Circuit Judge
(after stating the facts as above). The case comes Itere with numerous assignments of error. They present these questions: First, as to the order made 28d November, 1895, by which a temporary injunction was granted, and a time fixed for hearing a motion for the appointment of a receiver; second, to the bill as amended, and the decree of November 26, 1895, upon the ground that the circuit court of the United States for the district of West Virginia could not take jurisdiction of the cause as amended; nor could it appoint a receiver therein.
With regard to the first question: Inasmuch as the…
2Cases cited15 opinions
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Hawes v. OaklandSupreme Court of the United States · 1882
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
- Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
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3Cited by17 opinions
- Taylor v. Decatur Mineral & Land Co.U.S. Circuit Court for the District of Northern Alabama · 1901
- McQuillen v. National Cash Register Co.District Court, D. Maryland · 1938
- Monmouth Inv. Co. v. MeansCourt of Appeals for the Eighth Circuit · 1906
- Ware-Kramer Tobacco Co. v. American Tobacco Co.U.S. Circuit Court for the District of Eastern North Carolina · 1910
- Berliner Gramophone Co. v. SeamanCourt of Appeals for the Fourth Circuit · 1902
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