Chicago, R. I. & P. Ry. Co. v. Ludwig
U.S. Circuit Court for the District of Eastern Arkansas
In Equity. Suit for injunction. On demurrer to bill. The bill charges: That complainant is a railway corporation created by and existing under the laws of the states of Iowa and Illinois, engaged in operating lines of railroad and conducting a business as a common carrier in and through the states of Illinois, lovra, Minnesota, South Dakota, Nebraska, Colorado, Missouri, Kansas, Tennessee, Arkansas, Louisiana, and Oklahoma and Indian Territories.
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In Equity. Suit for injunction. On demurrer to bill. The bill charges: That complainant is a railway corporation created by and existing under the laws of the states of Iowa and Illinois, engaged in operating lines of railroad and conducting a business as a common carrier in and through the states of Illinois, lovra, Minnesota, South Dakota, Nebraska, Colorado, Missouri, Kansas, Tennessee, Arkansas, Louisiana, and Oklahoma and Indian Territories. That on May 24, 1904, it filed a certified copy of its articles of incorporation with tho Secretary of State of the state of Arkansas, paid the fees…
1Opinion of the Court
TRIEBER, District Judge.
1. In Western Union Telegraph Co. v. Andrews, 154 Fed. 95, this court had occasion to pass upon the jurisdiction of national courts in actions against officers of the state, and determine when such an action is in effect a suit against the state within the meaning of the eleventh amendment to the Constitution. In that case the court reviewed the authorities quite fully, and it would serve no useful purpose to repeat them in this opinion. Among the conclusions there reached, and which the court adheres to now, are the following:
“(c) The exemption of the state from…
2Cases cited16 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Home Ins. Co. v. MorseSupreme Court of the United States · 1874
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
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3Cited by1 opinion
- St. Louis & S. F. R. v. CrossU.S. Circuit Court for the District of Western Oklahoma · 1909