Mattingly v. Northwestern Virginia Railroad
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA. This was a bill in equity filed by the decedent, "William H. Mattingly, against the Northwestern Virginia Railroad Company, the Parkersburg Branch Railroad Company and the Baltimore and Ohio Railroad Company, in the Circuit Court for the county of "Wood, State of West Virginia.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA. This was a bill in equity filed by the decedent, "William H. Mattingly, against the Northwestern Virginia Railroad Company, the Parkersburg Branch Railroad Company and the Baltimore and Ohio Railroad Company, in the Circuit Court for the county of "Wood, State of West Virginia. The bill alleged the execution of two deeds of trust or mortgages by the Northwestern Virginia Railroad Company on all its property, present and after acquired, bearing date March 21, 185.3, the first running to the city of Baltimore…
1Opinion of the CourtChief Justice Fullee
The petition for removal was insufficient, as has been repeatedly determined, because it does not show of what State the plaintiff was a citizen at the time of the commencement of the action. Stevens v. Nichols, 130 U. S. 230; Jackson v. Allen, 132 U. S. 27; La Confiance Compagnie v. Hall, 137 U. S. 61; Kellam v. Keith, 144 U. S. 568.
The final decree was entered' July 10, 1889, and the appeal allowed January 2, 1891, and bond was given and filed in accordance with the order of allowance and approved January 13, 1891. The appeal having thus been taken prior to the passage of. the act of March…
2Cases cited8 opinions
- Chapman v. BarneySupreme Court of the United States · 1889
- Stevens v. NicholsSupreme Court of the United States · 1889
- Denny v. PironiSupreme Court of the United States · 1891
- Jackson v. AllenSupreme Court of the United States · 1889
- Roberts v. LewisSupreme Court of the United States · 1892
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