Texas & St. L. Ry. Co. v. Rust
United States Circuit Court
On the twenty-second of April, 1882, a contract was entered into between the plaintiff railway company and Eust & Ooolidge, the defendants, for building a railroad bridge across the Arkansas river.
Read the full summary
On the twenty-second of April, 1882, a contract was entered into between the plaintiff railway company and Eust & Ooolidge, the defendants, for building a railroad bridge across the Arkansas river. The defendants were to complete the bridge by the first of November, 1882, and were to receive therefor the sum of $305,000, to be paid on “pro rata monthly estimates, ninety per cent, thereof to be paid during progress of the work, upon material furnished and work performed, and balance due' upon completion thereof.” The contract contains this provision: “In ease of non-completion of the bridge…
1Opinion of the CourtCaiiDvell, J.
It is settled that upon filing the required petition and bond in the state court, in a cause removable under the acts of congress, the jurisdiction of the state court ceases, and that of the circuit court of the United States immediately attaches. The entering of a copy of the record in the circuit court is necessary to enable that court to proceed, but its jurisdiction attaches when the requisite petition and bond are filed in the state court. Nat. Steamship Co. v. Tugman, 106 U. S. 118; [S. C. 1 Sup. Ct. Rep. 58;] Railroad Co. v. Koontz, 104 U. S. 5.
The act of congress requires the party…
2Cases cited3 opinions
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Steamship Co. v. TugmanSupreme Court of the United States · 1882
- Mahoney Min. Co. v. BennettU.S. Circuit Court for the District of California · 1877
3Cited by6 opinions
- Cœur D'Alene Ry. & Nav. Co. v. SpaldingCourt of Appeals for the Ninth Circuit · 1899
- Farmers' Loan Co. v. Or. Pac. R. R.Oregon Supreme Court · 1897
- Lane v. Pacific & Idaho Northern Railway Co.Idaho Supreme Court · 1902
- Hamilton v. FowlerU.S. Circuit Court for the District of Western Tennessee · 1897
- Core v. Southwestern Bell Telephone Co.District Court, W.D. Arkansas · 1987
1 more not listed; retrieve them via the Exa API.