Wiggins' Ferry Co. v. Chicago & A. R.
District Court, E.D. Missouri
Suit for a breach of contract. The case was removed to this court from the circuit court of the city of St. Louis at the instance of the defendant. He alleges, in his petition for removal, that said contract is void under the laws of Illinois and according to the decisions of the supreme court of that state, but that in a previous suit between the same parties said contract has been held valid by the supreme court of Missouri.
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Suit for a breach of contract. The case was removed to this court from the circuit court of the city of St. Louis at the instance of the defendant. He alleges, in his petition for removal, that said contract is void under the laws of Illinois and according to the decisions of the supreme court of that state, but that in a previous suit between the same parties said contract has been held valid by the supreme court of Missouri. The other material facts are sufficiently stated in the opinion of the court.
1Opinion of the CourtMcCrary, C. J.
Motion to remand to the state court from which the suit was removed. The plaintiff and defendant are respectively Illinois corporations, and hence, on the ground of citizenship, the case is not removable. It is contended, however, that, as plaintiff pleads by way of estoppel the determination by the Missouri courts of the main question in controversy, which, it is contended, is different from the decisions of the Illinois supreme court concerning the powers and duties of the corporate parties herein, a federal question is presented within the meaning of the federal statutes. Ordinarily the…
2Cases cited29 opinions
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- Hampton v. M'connelSupreme Court of the United States · 1818
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