Chicago & Alton Railroad v. Wiggins Ferry Co.
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. Appeal from an order remanding' the cause to the State court. this is a suit begun in a State court of Missouri'by the Wig-' gins Perry Company, an Illinois corporation,- against the-Chicago & Alton Railroad Company, another Illinois corporation, to recover damages for the breach of a contract by which, as is alleged, the railroad'company bound itself not to employ any other means than…
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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF MISSOURI. Appeal from an order remanding' the cause to the State court. this is a suit begun in a State court of Missouri'by the Wig-' gins Perry Company, an Illinois corporation,- against the-Chicago & Alton Railroad Company, another Illinois corporation, to recover damages for the breach of a contract by which, as is alleged, the railroad'company bound itself not to employ any other means than the ferry company’s ferry for the transportation of passengers and freight, coming and going on its railroad, across the…
1Opinion of the CourtChief Justice Waite
After stating the facts in the language cited above, he continued :
In our opinion this is not a suit arising under the Constitution or laws of the United States, within the meaning of - that .term as used in the removal act. If the courts of Missouri gave a wrong construction to the laws of Illinois in the' judgment set up as an estoppel,’ that error cannot be corrected by means of a transfer of this suit'from the State court to the Circuit Court-of the United States. So long as. the judgment stands, it cannot, be impeached collaterally in the courts of the United States any more than in…
2Cited by30 opinions
- Defiance Water Co. v. DefianceSupreme Court of the United States · 1903
- New Orleans v. BenjaminSupreme Court of the United States · 1894
- Shreveport v. ColeSupreme Court of the United States · 1889
- Union & Planters' Bank v. MemphisSupreme Court of the United States · 1903
- Zikos v. Oregon R. & Navigation Co.U.S. Circuit Court for the District of Eastern Washington · 1910
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