Legal Opinion

Ex Parte Nebraska

Supreme Court of the United States

Decided April 20, 1908No. 15, OriginalPublishedCited by 85 opinions

PETITION FOR WRIT OF MANDAMUS. On June 15,1907, the State of Nebraska; William T. Thompson, Attorney General; Nebraska State Railway Commission; Hudson J. Winnett, J. A. Williams and Henry T. Clarke, Jr., as members of the Nebraska State Railway Commission of the State of Nebraska brought suit against the Chicago, Burlington and Quincy Railway Company to enjoin that company from charging more for the transportation of freight and passengers within the State of Nebraska than…

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PETITION FOR WRIT OF MANDAMUS. On June 15,1907, the State of Nebraska; William T. Thompson, Attorney General; Nebraska State Railway Commission; Hudson J. Winnett, J. A. Williams and Henry T. Clarke, Jr., as members of the Nebraska State Railway Commission of the State of Nebraska brought suit against the Chicago, Burlington and Quincy Railway Company to enjoin that company from charging more for the transportation of freight and passengers within the State of Nebraska than the rates fixed for such transportation in certain acts of the legislature of the State of Nebraska, and also from…

1Opinion of the CourtChief Justice Fuller

The motion to remand presented for decision the question whether there v/as in the case a controversy wholly between citizens of different States, to the complete determination of which the State of Nebraska was not an indispensable party. If defendant’s contention was correct, the action could have been originally brought in the Federal court and its jurisdiction of the case was complete on removal. The Circuit Court was called upon to determine that question and to exercise judicial discretion in deciding it. This being so, its jurisdiction was complete, and if it erred in its conclusions…

2Cases cited12 opinions

  1. Ex Parte WisnerSupreme Court of the United States · 1906
  2. Ex Parte BradleySupreme Court of the United States · 1869
  3. In Re HohorstSupreme Court of the United States · 1893
  4. Missouri, Kansas & Texas Railway Co. v. Missouri Railroad & Warehouse CommissionersSupreme Court of the United States · 1901
  5. Hohorst v. Hamburg-American Packet Co.Supreme Court of the United States · 1893

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3Cited by85 opinions

  1. Maryland v. Soper, JudgeSupreme Court of the United States · 1926
  2. Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
  3. Department of Fair Employment & Housing v. Lucent Technologies, Inc.Court of Appeals for the Ninth Circuit · 2011
  4. Ex Parte HardingSupreme Court of the United States · 1911
  5. In Re WinnSupreme Court of the United States · 1909

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