Legal Opinion

Texas & Pacific Railway Co. v. Kirk

Supreme Court of the United States

Decided May 4, 1885PublishedCited by 37 opinions

IN ERROR TO THE SUPREME COURT OF THE STATE OF TEXAS. The questions argued and decided in these cases arose under the statutes regulating the removal of causes from State courts. The facts in regard to each case are stated in the opinion of the court.

1Opinion of the CourtJustice Bradley

The principal question involved’ in these cases is whether a suit brought in a State court against a corporation of the United States maybe removed By'such corporation into the Circuit Court of the'United States, on the ground of its being a corporation organized- under a law of- the United States. The plaintiff in error in -four of the cases is the Union Pacific Railway Company, and in the other three cases is the Texas & Pacific Railway Company. They contend that they have such a right of removal, either- under the removal act of July 27, 1868, 15 Stat. 227, now forming § 640 of Revised…

Also in this document: Dissent.

2Cases cited5 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. Boom Co. v. PattersonSupreme Court of the United States · 1879
  3. Ames and Others v. State of Kansas Ex Rel. Johnston. Kansas Pac. Ry Co. v. SameSupreme Court of the United States · 1884
  4. Gaines v. FuentesSupreme Court of the United States · 1876
  5. Pearce v. HamSupreme Court of the United States · 1885

3Cited by37 opinions

  1. Texas & Pacific Railway Co. v. GayTexas Supreme Court · 1894
  2. Jacobson v. New York, N. H. & H. R. Co.Court of Appeals for the First Circuit · 1953
  3. Handley-Mack Co. v. Godchaux Sugar Co.Court of Appeals for the Sixth Circuit · 1924
  4. State ex rel. Kochtitzky v. RileySupreme Court of Missouri · 1907
  5. Bellaire v. Baltimore & Ohio RailroadSupreme Court of the United States · 1892

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