Legal Opinion

Metropolitan Water Co. v. Kaw Valley Drainage District

Supreme Court of the United States

Decided February 19, 1912No. 844PublishedCited by 42 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The Metropolitan Water Company, a corporation of the State of West Virginia, owned land which the Kaw Valley Drainage District, a corporation of the State of Kansas, desired to acquire for public purposes.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. The Metropolitan Water Company, a corporation of the State of West Virginia, owned land which the Kaw Valley Drainage District, a corporation of the State of Kansas, desired to acquire for public purposes. Under the provisions of the act regulating the condemnation of land, the defendant in error presented to the Judge of the District Court of Wyandotte County, a petition for the appointment of commissioners to value the property of the complainant necessary to be condemned for drainage purposes. The Water Company…

1Opinion of the CourtJustice Lamar

While in form this is an appeal from the decree of the Circuit Court for the District of Kansas, it is really an effort to review a decision of the Circuit Court of Appeals of the Eighth Circuit. From the statement of facts it is manifest that in dismissing the bill the Circuit Court merely applied the ruling that the petition for the appointment of commissioners was not the institution of a “suit” within the meaning of the Removal Act. If there was no suit which could be removed, it was not possible to maintain a bill in aid of removal proceedings thus decided to be void. When, therefore,…

2Cases cited6 opinions

  1. Smith v. Vulcan Iron WorksSupreme Court of the United States · 1897
  2. Aspen Mining & Smelting Co. v. BillingsSupreme Court of the United States · 1893
  3. Ex Parte National Enameling and Stamping CompanySupreme Court of the United States · 1906
  4. Globe Newspaper Co. v. WalkerSupreme Court of the United States · 1908
  5. In Re Tampa Suburban Railroad CompanySupreme Court of the United States · 1897

1 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
  2. Great Lakes Dredge & Dock Co. v. HuffmanSupreme Court of the United States · 1943
  3. Deckert v. Independence Shares Corp.Supreme Court of the United States · 1940
  4. Electronic Specialty Co. v. International Controls Corp.Court of Appeals for the Second Circuit · 1969
  5. Rogers v. HillSupreme Court of the United States · 1933

37 more not listed; retrieve them via the Exa API.

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