Northern Pacific Railway Company v. Soderberg
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This was a bill filed by the Railway Company in the Circuit Court for the District of Washington to enjoin the defendant Soderberg from taking, removing or disposing of granite from a quarter section of land of which he had taken possession under a mineral location, and for an account of the granite quarried pr removed.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This was a bill filed by the Railway Company in the Circuit Court for the District of Washington to enjoin the defendant Soderberg from taking, removing or disposing of granite from a quarter section of land of which he had taken possession under a mineral location, and for an account of the granite quarried pr removed. The bill alleged the incorporation of the Northern Pacific Railroad! Company under an act of Congress of July 2, 1864, with power to construct a railroad from Lake Superior to Piiget Sound, with a branch line via…
1Opinion of the CourtJustice BeowN
1. Motion was made to dismiss this appeal for the reason that,, as the jurisdiction of the Circuit Court was invoked upon the ground of diverse citizenship, the decree of the Circuit Court of Appeals is final, under section 6 of the Court of Appeals act of 1891, as interpreted by the decisions of this court in Colorado Central Mining Co. v. Turck, 150 U. S. 138; Borgmeyer v. Idler, 159 U. S. 408, and Press Publishing Co. v. Monroe, 164 U. S. 105. But, to impress the attribute of finality upon a judgment of the Circuit Court of Appeals, it must appear that the original jurisdiction of the…
2Cases cited10 opinions
- Doolan v. CarrSupreme Court of the United States · 1887
- United States v. Iron Silver Mining Co.Supreme Court of the United States · 1888
- Colorado Central Consolidated Mining Co. v. TurckSupreme Court of the United States · 1893
- Cooke v. AverySupreme Court of the United States · 1893
- Morton v. NebraskaSupreme Court of the United States · 1875
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- Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
- Burke v. Southern Pacific RailroadSupreme Court of the United States · 1914
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