Ferguson v. Omaha & S. W. R.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the'District of Nebraska; Thomas C. Munger, Judge. Suit in equity by Smith F. Ferguson, as executor of tire will of Everard D. Ferguson, deceased, and others, against Omaha* & Southwestern Railroad Company and another. Decree for defendants, and complainants appeal.
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Appeal from the District Court of the United States for the'District of Nebraska; Thomas C. Munger, Judge. Suit in equity by Smith F. Ferguson, as executor of tire will of Everard D. Ferguson, deceased, and others, against Omaha* & Southwestern Railroad Company and another. Decree for defendants, and complainants appeal. The bill of complaint was filed February 28, 1907, in the District (then Circuit) Court of the United States for the District of Nebraska by the appellants, Smith F. Ferguson, as executor of the last will and testament of Everard D. Ferguson, deceased, and Smith F. Ferguson…
1Opinion of the CourtReed, District Judge
(after stating the facts as above). The defendants have presented to this court a motion to dismiss the appeal upon the ground as follows :
“The appellees move the court to dismiss this case on the ground that this court has no jurisdiction of the appeal taken therein, for the reason that the jurisdiction of the District Court to hear and determine the cause under the *515Constitution and statutes of the United States was in issue in the District Court, and that court entered a decree dismissing the suit for want of such jurisdiction.”
The motion rests upon section 5 of the Court of Appeals Act of…
2Cases cited41 opinions
- Freeman v. HoweSupreme Court of the United States · 1861
- Krippendorf v. HydeSupreme Court of the United States · 1884
- Joy v. St. LouisSupreme Court of the United States · 1891
- Dermott v. JonesSupreme Court of the United States · 1865
- Union Pacific Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1896
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3Cited by11 opinions
- Berg v. EricksonCourt of Appeals for the Eighth Circuit · 1916
- Venner v. Pennsylvania Steel Co.District Court, D. New Jersey · 1918
- Dickey v. TurnerCourt of Appeals for the Sixth Circuit · 1931
- Sternberg v. Drainage Dist. No. 17 of Mississippi CountyCourt of Appeals for the Eighth Circuit · 1930
- Kelley v. QueeneyDistrict Court, W.D. New York · 1941
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