Flynn v. Des Moines & St. Louis R'y Co.
Supreme Court of Iowa
Appeal from, Pollc Circuit Cou/rt. The petition states that jilaintiff entered into a written contract with tlie Des Moines & St. Louis Railroad Company for tbe construction of a portion of the line of railway of said company between the city of Des Moines and Albia, and after-wards entered into a certain other contract with said company for the construction of a certain other portion of said railway; (Copies of the contracts are attached to and made a jiart of the…
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Appeal from, Pollc Circuit Cou/rt. The petition states that jilaintiff entered into a written contract with tlie Des Moines & St. Louis Railroad Company for tbe construction of a portion of the line of railway of said company between the city of Des Moines and Albia, and after-wards entered into a certain other contract with said company for the construction of a certain other portion of said railway; (Copies of the contracts are attached to and made a jiart of the petition;) that the plaintiffs fully performed said contracts upon their part, except as to the stipulated time of performance,…
1Opinion of the CourtSeevers, J.
1. Jurisdiction: removal to federal courts: citizens of different states. I. It is claimed by counsel for the lants that the court erred in refusing to change the forum on ^ie petition of the Wabash company. Counsel agree that the petition asking the removal to the federal court is based on the following portion of the act of congress, passed March 3, 1875: “And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the plaintiffs or defendants…
2Cases cited3 opinions
- Edgerly v. Farmers' InsuranceSupreme Court of Iowa · 1876
- Stanbrough v. GriffinSupreme Court of Iowa · 1879
- Grant v. McCartySupreme Court of Iowa · 1874
3Cited by7 opinions
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- Lull v. Anamosa National BankSupreme Court of Iowa · 1900
- Indiana Union Traction Co. v. ScribnerIndiana Court of Appeals · 1911
- Maryland Steel Co. of Baltimore Cty. v. United StatesSupreme Court of the United States · 1915
- Wernli v. CollinsSupreme Court of Iowa · 1893
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