Legal Opinion

Mystic Milling Co. v. Chicago, M. & St. P. Ry. Co.

U.S. Circuit Court for the District of Northern Iowa

Decided September 27, 1904No. Nos. 381, 385-387PublishedCited by 10 opinions

On Motions to Remand to State Court. These actions were commenced in the district court of Woodbury county, Iowa, and respectively removed to this court by the defendants, and the plaintiff moves to remand them to the state court.

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On Motions to Remand to State Court. These actions were commenced in the district court of Woodbury county, Iowa, and respectively removed to this court by the defendants, and the plaintiff moves to remand them to the state court. The petition filed in the state court in No. 381 against the Chicago, Milwaukee & St. Paul Railway et al. alleges, in substance: That the defendant Chicago, Milwaukee & St. Paul Railway Company is a corporation organized under the laws of the state of Wisconsin as a railway corporation, and owns and operates a line of railway in said state and other states,…

1Opinion of the Court

REED, District Judge (after stating the facts as above).

Do the facts alleged in the petition of plaintiff show a cause of action within the jurisdiction of this court? The substance of the petitions, so far as material to the questions presented by the motions to remand, is stated in the foregoing statement. The contention of plaintiff is that the several actions are for judgments under the Iowa statute against the defendant railway companies,- commanding them to perform their duties as common carriers of property, which it is alleged they have failed to do, and for the writ of mandamus to…

2Cases cited9 opinions

  1. Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
  2. McClung v. SillimanSupreme Court of the United States · 1821
  3. Rosenbaum v. BauerSupreme Court of the United States · 1887
  4. State ex rel. Weir v. County JudgeSupreme Court of Iowa · 1855
  5. Bath County v. AmySupreme Court of the United States · 1872

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3Cited by10 opinions

  1. Western Union Telegraph Co. v. State ex rel. Hammond Elevator Co.Indiana Supreme Court · 1905
  2. Nissen v. International BrotherhoodSupreme Court of Iowa · 1941
  3. Washington ex rel. City of Seattle v. Pacific Telephone & Telegraph Co.District Court, W.D. Washington · 1924
  4. Hawbaker v. Iowa State Highway CommissionSupreme Court of Iowa · 1962
  5. Washington ex rel. City of Seattle v. Puget Sound Traction, Light & Power Co.District Court, W.D. Washington · 1917

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