Missouri Pacific Railway Co. v. Fitzgerald
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA. This was a petition filed December 24, 1888, in the District .Court for Lancaster County, Nebraska, by John Fitzgerald, suing on behalf of himself and all other stockholders of the Fitzgerald and Mallory Construction Company against that company and the Missouri Pacific Railway Company, a corporation organized under the laws of Missouri, Kansas, and Nebraska.
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ERROR TO THE SUPREME COURT OF THE STATE OF NEBRASKA. This was a petition filed December 24, 1888, in the District .Court for Lancaster County, Nebraska, by John Fitzgerald, suing on behalf of himself and all other stockholders of the Fitzgerald and Mallory Construction Company against that company and the Missouri Pacific Railway Company, a corporation organized under the laws of Missouri, Kansas, and Nebraska. The petition was based on two contracts, (copies of which were annexed,) one bearing date April 28,1886, between the Fitzgerald and Mallory Construction Company and the Denver, Memphis…
1Opinion of the CourtChief Justice Fullee
Was any title, right, privilege or immunity under the Constitution or any statute of, or authority exercised under,.the United States, specially set up or claipaed by plaintiff-in error, denied by the decision of the state court ?
An assignment of errors cannot be availed of to import questions into a cause which the record does not show were raised and passed on in the court below, but we may refer to such assignment by way of convenience to ascertain the contentions of plaintiff in error.
Of the errors assigned here those which do not involve matters purely within the jurisdiction of the…
2Cases cited12 opinions
- Robb v. ConnollySupreme Court of the United States · 1884
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Stone v. South CarolinaSupreme Court of the United States · 1886
- In Re Pennsylvania Co.Supreme Court of the United States · 1890
- Smith v. LyonSupreme Court of the United States · 1890
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