Hall v. Union Pac. R.
U.S. Circuit Court for the District of Iowa
A petition or statement under oath, is filed in the court, by Samuel E. Hall and John W. Morse, citizens of the United States, and of the state of Iowa, ashing for a writ of mandamus to be directed to the Union Pacific Railroad Company to compel it to operate its trains over the whole of its road as one continuous line, from Council Bluffs westward, and to desist from operating its bridge over the Missouri river between Council Bluffs and Omaha, as an independent and…
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A petition or statement under oath, is filed in the court, by Samuel E. Hall and John W. Morse, citizens of the United States, and of the state of Iowa, ashing for a writ of mandamus to be directed to the Union Pacific Railroad Company to compel it to operate its trains over the whole of its road as one continuous line, from Council Bluffs westward, and to desist from operating its bridge over the Missouri river between Council Bluffs and Omaha, as an independent and separate line or portion of its road. The nature of the statements made by the prosecutors, and of their Interests, and of the…
1Opinion of the Court
DILLON, Circuit Judge.
On March 3d, 1873, it was enacted by congress that the “proper circuit court of the United States shall have jurisdiction to hear and determine all cases of mandamus to compel the Union Pacific Railroad Company to operate its road as required by law.” 17 Stat 509. This act is the basis of the present proceeding, and the proper practice under it has been already determined. U. S. v. Union Pac. R. Co. [supra]. The question before us at this time is whether an alternative writ shall be ordered.
The relator’s counsel have been heard in support of the motion for the writ; and…
2Cases cited13 opinions
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- State ex rel. Rice v. County JudgeSupreme Court of Iowa · 1858
- Hamilton v. State ex rel. BatesIndiana Supreme Court · 1852
- The People v. . HalseyNew York Court of Appeals · 1867
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3Cited by1 opinion
- People ex rel. Van Dyke v. Colorado Cent. R.U.S. Circuit Court for the District of Colorado · 1890