North American Cold Storage Co. v. City of Chicago
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The bill of complaint in this case was dismissed by the Circuit Court for want of jurisdiction, and a certificate of the Circuit Judge was given that the jurisdiction of the court was in issue, and the question of jurisdiction alone was certified to this court, under paragraph 2 of § 5 of the act of March 3, 1891 (26 Stat. 826, chap. 517). The appellant also appealed, and now asserts…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. The bill of complaint in this case was dismissed by the Circuit Court for want of jurisdiction, and a certificate of the Circuit Judge was given that the jurisdiction of the court was in issue, and the question of jurisdiction alone was certified to this court, under paragraph 2 of § 5 of the act of March 3, 1891 (26 Stat. 826, chap. 517). The appellant also appealed, and now asserts its right of appeal under paragraph five of the- same section of the above act, on the ground that the case involves the…
1Opinion of the CourtJustice Peckham
In this case the ordinance in question is to be regarded as in effect a statute of the State, adopted under a power granted it by the state legislature, and hence it is an act of the State within the Fourteenth Amendment. New Orleans v. Sugar Co., 125 U. S. 18, 31.
The Circuit Court held.that the defendants being sued in their official capacities could not be held for acts or threats which they had no power or authority under the ordinance to make or perform; that, although it was alleged that the defendants acted under the provisions of the section of the code already quoted, yet that under…
2Cases cited7 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- California Reduction Co. v. Sanitary Reduction WorksSupreme Court of the United States · 1905
- New Orleans Waterworks Co. v. Louisiana Sugar Refining Co.Supreme Court of the United States · 1888
- Giles v. HarrisSupreme Court of the United States · 1903
- Lawton v. . SteeleNew York Court of Appeals · 1890
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3Cited by337 opinions
- Parratt v. TaylorSupreme Court of the United States · 1981
- Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
- Goldberg v. KellySupreme Court of the United States · 1970
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
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