Legal Opinion

United States v. Northern Pac. R.

Court of Appeals for the Eighth Circuit

Decided January 4, 1905No. 1,961PublishedCited by 12 opinions

Appeal from the Circuit’Court of the United States for the District of Minnesota. On July 21, 1890, the United States of America filed its- bill of complaint in the Circuit Court of the United States for the District of Minnesota against the Northern Pacific Railroad Company, the Northwestern Telegraph Company, and the Western Union Telegraph Company, the averments of which were substantially as follows: The Northern Pacific Railroad Company was incorporated by an act of…

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Appeal from the Circuit’Court of the United States for the District of Minnesota. On July 21, 1890, the United States of America filed its- bill of complaint in the Circuit Court of the United States for the District of Minnesota against the Northern Pacific Railroad Company, the Northwestern Telegraph Company, and the Western Union Telegraph Company, the averments of which were substantially as follows: The Northern Pacific Railroad Company was incorporated by an act of Congress approved July 2, 1864 (13 Stat. 365, c. 217), for the purpose of building and maintaining a continuous railroad…

1Opinion of the CourtHook, Circuit Judge

There is no act of Congress specially applicable to suits such as the one now under review, which designates the tribunal in which they shall be instituted. The case, therefore, falls within the general grant of jurisdiction to the Circuit Courts found in Judiciary Act Aug. 13, 1888, c. 866, § 1, 25 Stat. 433 [U. S. Comp. St. 1901, p. 508], and is subject to the limitations therein expressed. It is provided in that section that:

“No civil suit shall be brought * * * against any person by any original process or proceeding in any other district than that whereof he is an inhabitant.”

The…

2Cases cited13 opinions

  1. Shields v. BarrowSupreme Court of the United States · 1855
  2. Shaw v. Quincy Mining Co.Supreme Court of the United States · 1892
  3. Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
  4. Barney v. Baltimore CitySupreme Court of the United States · 1868
  5. In Re HohorstSupreme Court of the United States · 1893

8 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. United States v. National Lead Co.District Court, S.D. New York · 1945
  2. Sweeney v. Jackson CountyOregon Supreme Court · 1919
  3. Torquay Corporation v. Radio Corporation of AmericaDistrict Court, S.D. New York · 1932
  4. Central West Public Service Co. v. CraigCourt of Appeals for the Eighth Circuit · 1934
  5. Price v. Union Land Co.Court of Appeals for the Eighth Circuit · 1911

7 more not listed; retrieve them via the Exa API.

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