Legal Opinion

St. Louis & S. F. R. v. Cross

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

Decided June 4, 1909No. 278PublishedCited by 5 opinions

In Equity. On demurrer to amended bill. The amended bill contains allegations, as follows: That the complainant is a corporation organized and existing under the laws of the state of Missouri and a citizen of that state, and that the defendants are citizens of the Western district of the state of Oklahoma. That the matters in dispute exceed $5,000. exclusive of interest and costs, and that the cause arises under the Constitution and laws of the United States.

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In Equity. On demurrer to amended bill. The amended bill contains allegations, as follows: That the complainant is a corporation organized and existing under the laws of the state of Missouri and a citizen of that state, and that the defendants are citizens of the Western district of the state of Oklahoma. That the matters in dispute exceed $5,000. exclusive of interest and costs, and that the cause arises under the Constitution and laws of the United States. That the complainant has for several years owned and operated, and now owns and operates, a system of railroad as a common carrier of…

1Opinion of the CourtCotteral, District Judge

(after stating the facts as above). The question of the jurisdiction of this court calls for first consideration. It must be held that diversity of citizenship is sufficiently alleged. The complainant is incorporated under the laws of the state of Missouri, and the defendants are citizens of the state of Oklahoma. The first section of the legislative act by its terms fixes the domicile in the state of every corporation transacting business in the state which complies with its Constitution and laws. It is not clear whether the complainant has complied therewith. If it be assumed that it has…

2Cases cited44 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  3. Smyth v. AmesSupreme Court of the United States · 1898
  4. Shively v. BowlbySupreme Court of the United States · 1894
  5. Northern Securities Co. v. United StatesSupreme Court of the United States · 1904

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

3Cited by5 opinions

  1. Trustees of Tufts College v. Triple R. Ranch, Inc.Supreme Court of Florida · 1973
  2. Coca-Cola Co. v. StevensonDistrict Court, S.D. Illinois · 1920
  3. Wise v. ChandlerCourt of Appeals of Kentucky (pre-1976) · 1937
  4. In re Water Right of Utah Const. Co.District Court, D. Idaho · 1929
  5. Palmetto Fire Ins. v. ConnDistrict Court, S.D. Ohio · 1925

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