Legal Opinion

Mineral Range R. Co. v. Detroit & Lake Superior Copper Co.

U.S. Circuit Court for the District of Western Michigan

Decided October 26, 1885PublishedCited by 9 opinions

On Motion to Remand. On the fourteenth of September, 1885, the Mineral' Range Railroad Company filed its petition in the probate court for the county of Houghton for the condemnation of certain lands owned by the defendant in the village of Hancock for the purpose of constructing a branch of its road across these lands from Houghton to Hancock.

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On Motion to Remand. On the fourteenth of September, 1885, the Mineral' Range Railroad Company filed its petition in the probate court for the county of Houghton for the condemnation of certain lands owned by the defendant in the village of Hancock for the purpose of constructing a branch of its road across these lands from Houghton to Hancock. The defendant shortly thereafter answered the petition, and upon the same day -filed its petition in the probate court for the removal of the cause to this court, upon the ground that it was a citizen of the state of Connecticut. The removal was…

1Opinion of the Court

Brown, J.1

In delivering the opinion of the supreme court in Gaines v. Fuentes, 92 U. S. 10, 19; Mr. Justice Field remarked that the removal act of 1867 covered every possible case involving a controversy between citizens of the state where the suit was brought and citizens of other states, if the matter in dispute, exclusive of costs, exceeded the sum of $500; that it mattered not whether the suit was brought in a state court of limited or general jurisdiction. “The only test was, did it involve a controversy between citizens of the state and citizens of other states, and did the matter in…

2Cases cited12 opinions

  1. Boom Co. v. PattersonSupreme Court of the United States · 1879
  2. Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
  3. Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
  4. Gaines v. FuentesSupreme Court of the United States · 1876
  5. Hess v. ReynoldsSupreme Court of the United States · 1885

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

3Cited by9 opinions

  1. County of Allegheny v. Frank Mashuda Co.Supreme Court of the United States · 1959
  2. Western Union Telegraph Co. v. Louisville & N. R.District Court, E.D. Tennessee · 1912
  3. Bigelow v. NickersonCourt of Appeals for the Seventh Circuit · 1895
  4. Sugar Creek, P. B. & P. C. R. v. McKellU.S. Circuit Court for the District of West Virginia · 1896
  5. Alabama Power Co. v. Gregory Hill Gold Mining Co.District Court, M.D. Alabama · 1925

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

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