Legal Opinion

Pellett v. Great Northern Ry. Co.

U.S. Circuit Court for the District of Washington

Decided December 4, 1900PublishedCited by 7 opinions

Action at law against the Great Northern Railway Company and two of its servants, as defendants, to recover damages for having caused the death of the plaintiff’s husband by negligence.

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Action at law against the Great Northern Railway Company and two of its servants, as defendants, to recover damages for having caused the death of the plaintiff’s husband by negligence. After the case had been remanded to the state court in which it was commenced, the plaintiff filed a cost bill, and petitioned this court to render a judgment in her favor for costs, including the following items: Clerk’s fees, $4; attorney’s docket fee of $2o; typewriting 24 folios pleadings, motions, etc., at 10 cents per folio, $2.40. Petition granted to the extent of allowing the statutory docket fee and…

1Opinion of the Court

HANFORD, District Judge.

This case was remanded to the state court in which it was commenced, on motion of the plaintiff, for the reason that it is not a case of which this court has jurisdiction, and at first blush it would seem to be inconsistent for the plaintiff to invoke its jurisdiction by asking this court to render a judgment in her favor for costs. Ordinarily, a court which has not jurisdiction *195to, determine the rights of the parties as to the main controversy between them is simply bound to let them alone, and to refuse its process for the benefit of either. Inglee v. Coolidge, 2…

2Cases cited12 opinions

  1. Torrence v. SheddSupreme Court of the United States · 1892
  2. Martin v. SnyderSupreme Court of the United States · 1893
  3. Hornthall v. CollectorSupreme Court of the United States · 1870
  4. Mattingly v. Northwestern Virginia RailroadSupreme Court of the United States · 1895
  5. Inglee v. CoolidgeSupreme Court of the United States · 1817

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

3Cited by7 opinions

  1. Kramer v. JarvisDistrict Court, D. Nebraska · 1949
  2. Walsh's Adm'x v. Joplin & P. Ry. Co.District Court, D. Kansas · 1914
  3. Western Union Telegraph Co. v. Louisville & N. R.District Court, E.D. Tennessee · 1913
  4. Bowens v. Chicago, M. & St. P. Ry. Co.District Court, W.D. Washington · 1914
  5. Jones v. Delta Land & Water Co.District Court, D. Nevada · 1918

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

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