Delaware Railroad Construction v. Davenport & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Delaware Cwcmt Gov/rt. This action was originally brought to recover fbr work and labor performed by the plaintiff, under ah agreement in writing, whereby the plaintiff undertook to grade and construct all of the road of defendant between the south and north line of Delaware county, in accordance with certain specifications which were annexed to, and made a part of the contract.
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Appeal from Delaware Cwcmt Gov/rt. This action was originally brought to recover fbr work and labor performed by the plaintiff, under ah agreement in writing, whereby the plaintiff undertook to grade and construct all of the road of defendant between the south and north line of Delaware county, in accordance with certain specifications which were annexed to, and made a part of the contract. The petition, in addition to asking for a judgment, prayed the establishment of a mechanic’s lien on so much of said road as is situate in said county. John Edgar Thompson and William Dennison, trustees…
1Opinion of the Court
Seevees, Ch. J.
l. practice: removal of cause. I. It is insisted the State court lost jurisdiction of the action at the time the petition and bond of Meyer and Dennison was filed, seeking a transfer ... . . n ^ _ __ , ox the action to the Circuit Court ot the United States. The transfer was sought under the act of Congress, approved March 3,1875, and the petition was based on the alleged fact that Meyer and Dennison were citizens of some other State than Iowa. The bond purported to have been signed by Meyer and Dennison as principals, and certain persons as their sureties.. The petition was…
2Cases cited10 opinions
- Freeman v. HoweSupreme Court of the United States · 1861
- Christmas v. RussellSupreme Court of the United States · 1872
- Neilson v. Iowa Eastern Railway Co.Supreme Court of Iowa · 1876
- Vannice v. BergenSupreme Court of Iowa · 1864
- Barnes v. CamackNew York Supreme Court · 1847
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3Cited by9 opinions
- Bowling v. GarrettSupreme Court of Kansas · 1892
- Shattuck v. Belknap Savings BankSupreme Court of Kansas · 1901
- Liberty Perpetual Building & Loan Co. v. M. A. Furbush & Son Mach. Co.Court of Appeals for the Fourth Circuit · 1897
- Green v. SaxtonSupreme Court of Iowa · 1923
- White Adm'r v. HoltWest Virginia Supreme Court · 1883
4 more not listed; retrieve them via the Exa API.