Northern Pacific Railroad v. Raymond
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Cass county; Hon. W. B. McConnell, Judge. On or before February 1, 1887, as required by law, the plaintiff filed with the defendant a statement of its gross earnings arising from the operation of its roads in this territory for the year 1886. It did not appear what portion of such earnings arose from the operation of said roads in transporting goods or passengers through the territory, or from points without to points within, or from points…
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Appeal from the district court of Cass county; Hon. W. B. McConnell, Judge. On or before February 1, 1887, as required by law, the plaintiff filed with the defendant a statement of its gross earnings arising from the operation of its roads in this territory for the year 1886. It did not appear what portion of such earnings arose from the operation of said roads in transporting goods or passengers through the territory, or from points without to points within, or from points within to points without, the territory. It was not until the amended complaint was served that defendant had or could…
1Opinion of the CourtFrancis, J.
This appeal is from an order overruling the demurrer to the amended complaint and the judgment for plaintiff.
A full statement of the case, necessary for a proper conception of the points involved therein, is found in the pleadings and record, as follows:
“Amended Complaint.
“I. That said plaintiff is now, and at all times hereinafter named was, a corporation duly organized and existing under and by virtue of that certain act of congress approved July 2, 1864, entitled ‘An act granting lands to aid in the construction of a railroad and telegraph line from Lake Superior to Puget Sound, on the…
2Cases cited1 opinion
- Fargo v. MichiganSupreme Court of the United States · 1887
3Cited by6 opinions
- State Ex Rel. v. Board of County Com'rsSupreme Court of Oklahoma · 1940
- JR Watkins Company v. VangenNorth Dakota Supreme Court · 1962
- Northern Pacific Railroad v. BarnesNorth Dakota Supreme Court · 1892
- Day v. Board of RegentsArizona Supreme Court · 1934
- Guardian Building & Loan Ass'n v. McCallisterOregon Supreme Court · 1928
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