Legal Opinion

Gull River Lumber Co. v. School District No. 39

North Dakota Supreme Court

Decided February 2, 1891PublishedCited by 3 opinions

PPLICATION to remove cause to United States circuit court.

1Opinion of the CourtCorliss, C. J.

The plaintiff and respondent has filed a written request for the transfer of this cause to the proper federal court tinder the piovisions of the enabling act. We find ourselves powerless to bring plaintiff back to the point of divergence, that it may again choose its future route in the course of this litigation. With the admission of this state into the federal Union, there were laid out before plaintiff by the omnibus bill two paths, running so diversely that the selection and pursuit of one must forever preclude the choice of the other. Had plaintiff chosen the federal path in proper time,…

2Cases cited3 opinions

  1. Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
  2. Ames v. Colorado Cent. R.District Court, D. Colorado · 1876
  3. Wing v. Chicago & N. W. R'y Co.South Dakota Supreme Court · 1891

3Cited by3 opinions

  1. Sargent v. KindredNorth Dakota Supreme Court · 1895
  2. Campbell v. CoulstonNorth Dakota Supreme Court · 1910
  3. Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API