United States ex rel. Hall v. Union Pac. R.
U.S. Circuit Court for the District of Iowa
A petition, or information, under oath, is filed in this court by Samuel B. Hall and John W. Morse, who describe themselves as citizens of the United States and of the state of Iowa, making the Union Pacific Railroad Company defendant or respondent.
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A petition, or information, under oath, is filed in this court by Samuel B. Hall and John W. Morse, who describe themselves as citizens of the United States and of the state of Iowa, making the Union Pacific Railroad Company defendant or respondent. It sets out the acts of congress relating to the Union Pacific Railroad, and alleges that the eastern terminus of the road is within the corporate limits of the city of Council Bluffs, in the state of Iowa, and on the eastern side of the Missouri river; that the said railroad company neglects and refuses to operate its road from its eastern…
1Opinion of the Court
DILLON, Circuit Judge.
By act of congress approved March 3, 1873 (17 Stat. 509), it is provided that the “proper circuit court of the United States shall have jurisdiction to hear and determine all cases of mandamus to compel said Union Pacific Railroad Company to operate its road as required by law.” It is under this act that the present proceeding is instituted.
There has been no appearance by the defendant in the court, but on the day fixed in the notice as the one on which the petitioners would apply for a writ of mandamus, counsel in the interest of the defendant have asked leave to…
2Cases cited1 opinion
- Union Pacific Railroad v. HallSupreme Court of the United States · 1876
3Cited by2 opinions
- State ex rel. Attorney General v. FrostWisconsin Supreme Court · 1902
- People ex rel. Van Dyke v. Colorado Cent. R.U.S. Circuit Court for the District of Colorado · 1890