Lumley v. Wabash R.
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Southern Division of the Eastern District of Michigan. Bill by Ephraim Lumley against the Wabash Railroad Company. From a decree for defendant (71 Fed. 21), plaintiff appeals. Appellant's bill was dismissed upon demurrer for want of equity.
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Appeal from the Circuit Court of the United States for the Southern Division of the Eastern District of Michigan. Bill by Ephraim Lumley against the Wabash Railroad Company. From a decree for defendant (71 Fed. 21), plaintiff appeals. Appellant's bill was dismissed upon demurrer for want of equity. It contained, in substance, tlie following statement: That the complainant was a passenger on the Wabash Railway, in charge of a shipment of horses owned by his employer, which were being transported from Ridgetown, in the province of Ontario, to Danville, in Illinois; that while the car in which…
1Opinion of the Court
After making the foregoing statement, the opinion was delivered by
LURTON, Circuit Judge.
The first ground of demurrer questions the sufficiency of the aver-ments of the hill touching the jurisdiction of the court. The averment is that the complainant is “a resident of Ontario and a- citizen of the dominion of Canada.” It is said that the averment should have been that he was “an alien, and a subject of the queen of Great Britain and Ireland,” and that the court is not authorized to infer that he is an alien from the averment of the bill. For this counsel cite Anderson v. Watt, 138 U. S. 694,…
2Cases cited12 opinions
- Anderson v. WattSupreme Court of the United States · 1891
- Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Illinois Central Railroad v. WelchIllinois Supreme Court · 1869
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
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3Cited by48 opinions
- O'Meara v. HaidenCalifornia Supreme Court · 1928
- Toledo, St. L. & K. C. R. v. Continental Trust Co.Court of Appeals for the Sixth Circuit · 1899
- Thompson v. CampCourt of Appeals for the Sixth Circuit · 1947
- Central Trust Co. of New York v. Citizens' St. Ry. Co. of IndianapolisU.S. Circuit Court for the District of Indiana · 1897
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
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