Legal Opinion

Northern Pacific Railroad v. Clark

Supreme Court of the United States

Decided April 30, 1894No. 1045PublishedCited by 19 opinions

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This case, under the style of the Northern Pacific Railroad Company v. Walker, 148 IT. S. 391, was before this court at October term, 1892, and the jurisdiction of the Circuit Court not appearing upon the face of the record, it was remanded with leave to amend.

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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This case, under the style of the Northern Pacific Railroad Company v. Walker, 148 IT. S. 391, was before this court at October term, 1892, and the jurisdiction of the Circuit Court not appearing upon the face of the record, it was remanded with leave to amend. The appellant accordingly, on June 6, 1893, filed in the Circuit Court of the United States for the District of North Dakota its amended bill of complaint, in which, after setting forth its creation and organization under and by virtue of an act of Congress approved…

1Opinion of the CourtJustice Jackson

In the view we take of the case, the answer to the last question will dispose of the suit, and render it unnecessary to enter upon the consideration and determination of the other propositions of law on which instructions are asked.

By an act of the legislature of the Territory, approved March 9, 1883, c. 99, Laws of 1883, it was provided that all railroad companies, except railroads operated by horse power, owned and operated within the Territory, should pay two per centum on the gross earnings of their railroads for a period of five years, and thereafter three per centum on the gross…

2Cases cited2 opinions

  1. Taylor v. SecorSupreme Court of the United States · 1876
  2. National Bank v. KimballSupreme Court of the United States · 1881

3Cited by19 opinions

  1. Norwood v. BakerSupreme Court of the United States · 1898
  2. McHenry v. AlfordSupreme Court of the United States · 1898
  3. Chicago, Burlington & Quincy Railroad v. Board of CommissionersSupreme Court of Kansas · 1895
  4. Anderson v. Farmers' Loan & Trust Co.Court of Appeals for the Second Circuit · 1917
  5. McHenry v. AlforeSupreme Court of the United States · 1898

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