Fisk v. Union Pacific Railroad
District Court, S.D. New York
Motion to dissolve an injunction. The defendants in this cause, immediately after its commencement, took steps, under an act of Congress, referred to in the opinion, to remove the cause from the State courts to the United States court. The justice of the supreme court refused to recognize the removal, and granted several injunctions, and appointed a receiver after the defendants had completed their proceedings to take the cause from his court.
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Motion to dissolve an injunction. The defendants in this cause, immediately after its commencement, took steps, under an act of Congress, referred to in the opinion, to remove the cause from the State courts to the United States court. The justice of the supreme court refused to recognize the removal, and granted several injunctions, and appointed a receiver after the defendants had completed their proceedings to take the cause from his court. The defendants then applied to Judge Helsor to vacate the first injunction, which was granted when the suit was commenced, and before it was removed.…
1ConcurrenceBlatchford, J.
I concur in the views of Mr. Justice Nelson, and in the result that the motion of the plaintiff to remand the cause to the State court must be denied.
Order accordingly.
Note.—This decision, although not made hy a court of this State, determines the practice in the State courts, in proceedings there for removal of causes to the courts of the United States; and on account of its importance to practitioners in the State courts, it is here re*464ported. The following summary of the cases which have arisen in State courts will be of interest in connexion with it.
It has generally been held, under the…
2Cases cited82 opinions
- Gordon v. LongestSupreme Court of the United States · 1842
- The Corporation of New-Orleans v. WinterSupreme Court of the United States · 1816
- Kanouse v. MartinSupreme Court of the United States · 1854
- Commercial & Railroad Bank of Vicksburg v. Slocomb, Richards & Co.Supreme Court of the United States · 1840
- Montalet v. MurraySupreme Court of the United States · 1807
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