Legal Opinion

Northern Pac. Ry. Co. v. Pacific Coast Lumber Mfrs.' Ass'n

Court of Appeals for the Ninth Circuit

Decided October 5, 1908No. 1,520PublishedCited by 31 opinions

'Appeal from the Circuit Court of the United States for the Western District of Washington. The appeal in this ease is taken from a temporary injunction order made in a case in which the appellees herein, consisting of a number ,of corporations and persons engaged in the lumber -and shingle business in the states of Washington and California, brought their bill against the Northern Pacific Railway, a corporation of the state of Wisconsin, the Great Northern Railway Company,…

Read the full summary

'Appeal from the Circuit Court of the United States for the Western District of Washington. The appeal in this ease is taken from a temporary injunction order made in a case in which the appellees herein, consisting of a number ,of corporations and persons engaged in the lumber -and shingle business in the states of Washington and California, brought their bill against the Northern Pacific Railway, a corporation of the state of Wisconsin, the Great Northern Railway Company, a corporation of the state of Minnesota, the Chicago, Burlington & Quincy Railroad Company, a corporation of the state…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above). The appellees moved to dismiss the appeal on the grounds, first, that jurisdictional questions only are presented, and that therefore, if the order is appealable, the appeal lies to the Supreme Court alone; and second, that the order appealed from was made ex parte and not upon “a hearing in equity,” and is therefore not appealable. To the first ground of the motion, the answer is that by the act of April 14, 1908, c. 1627, 34 Stat. 116 (U. S. Comp. St. Supp. 1907, p. 209), amending the seventh section of the act of March 3, 1891, c. 517, 26 Stat. 828 (U.…

2Cases cited36 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. Martin v. Hunter's LesseeSupreme Court of the United States · 1816
  3. Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
  4. Market Co. v. HoffmanSupreme Court of the United States · 1879
  5. In Re LennonSupreme Court of the United States · 1897

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

3Cited by31 opinions

  1. Trans Alaska Pipeline Rate CasesSupreme Court of the United States · 1978
  2. Arrow Transportation Co. v. Southern Railway Co.Supreme Court of the United States · 1963
  3. Board of Railroad Commissioners v. Great Northern Railway Co.Supreme Court of the United States · 1930
  4. Luckenbach Steamship Company v. United StatesDistrict Court, D. Delaware · 1959
  5. McGoon v. Northern Pac. Ry. Co.District Court, D. North Dakota · 1913

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API