Bullard v. Northern Pacific Railroad
Montana Supreme Court
Appeal from Seventh Judicial District, Custer County. Judgment on the pleadings was rendered for the plaintiff below by Milburn, J. The defendant admits the contract which is the basis of the plaintiff’s action, and alleges a compliance with its terms up to the fourth day of February, 1887, and sets up the further fact that on said date an act was passed by the Congress of the United States and approved by the President, entitled “An act to regulate commerce,” the effect of…
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Appeal from Seventh Judicial District, Custer County. Judgment on the pleadings was rendered for the plaintiff below by Milburn, J. The defendant admits the contract which is the basis of the plaintiff’s action, and alleges a compliance with its terms up to the fourth day of February, 1887, and sets up the further fact that on said date an act was passed by the Congress of the United States and approved by the President, entitled “An act to regulate commerce,” the effect of which was to annul the contract in question. This act of Congress, known as “The Interstate Commerce Law,” will be found…
1Opinion of the CourtBlake, C. J.
This is an appeal from a judgment which was entered on the pleadings. The amended complaint was filed January 25, 1890, and alleges that the “defendant, the' Northern Pacific Eailroad Company, is a corporation duly organized, created, and acting under the laws of the United *174States.” That the following contract in writing was entered into November 15, 1885: —
“ This indenture, made and entered into this fifteenth day of November, A. D. 1885, by and between the Northern Pacific Bailroad Company, party of the first part, and W. H. Bullard and Thomas U. Irvine, copartners under the firm name of…
2Cases cited35 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Mugler v. KansasSupreme Court of the United States · 1887
- Munn v. IllinoisSupreme Court of the United States · 1877
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Leisy v. HardinSupreme Court of the United States · 1890
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3Cited by10 opinions
- Suburban Water Co. v. Oakmont BoroughSupreme Court of Pennsylvania · 1920
- Cowley v. Northern Pacific Railway Co.Washington Supreme Court · 1912
- Portland Ry. Light & Power Co. v. Railroad CommissionOregon Supreme Court · 1909
- Davis v. Keystone Steel & Wire Co.Illinois Supreme Court · 1925
- Southern Pacific Co. v. Frye & Bruhn, Inc.Washington Supreme Court · 1914
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