Legal Opinion

Kansas City & T. R. v. Interstate Lumber Co.

U.S. Circuit Court for the District of Western Missouri

Decided December 10, 1888PublishedCited by 30 opinions

On Motion to Remand.

1Opinion of the CourtBrewer, J.

This case now stands on a motion to remand. The proceeding in the state court was one for the condemnation of a right of way. It was commenced on the 5th day of June, 1888, by the filing in the office of the clerk of the circuit court of Jackson county, Mo. , of a petition. On the 16th day of June the defendant filed its petition and bond for removal, and on August 27th the plaintiff took a copy of the record from the state court, filed it in this, and with it a motion to remand. Defendant objected to the hearing of that motion, on the ground that it was prematurely filed; that by the terms…

2Cases cited10 opinions

  1. Ex Parte SchollenbergerSupreme Court of the United States · 1878
  2. Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
  3. Toland v. SpragueSupreme Court of the United States · 1838
  4. Bushnell v. KennedySupreme Court of the United States · 1870
  5. City of Lexington v. ButlerSupreme Court of the United States · 1872

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3Cited by30 opinions

  1. County of Allegheny v. Frank Mashuda Co.Supreme Court of the United States · 1959
  2. General Investment Co. v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1922
  3. London & Lancashire Indemnity Co. v. CourtneyCourt of Appeals for the Tenth Circuit · 1939
  4. Memphis Sav. Bank v. HouchensCourt of Appeals for the Eighth Circuit · 1902
  5. Duncan v. Associated PressU.S. Circuit Court for the District of Southern California · 1897

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