Legal Opinion

American Express Co. v. Michigan

Supreme Court of the United States

Decided April 16, 1900No. 220PublishedCited by 10 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. The Attorney General of the State of Michigan on the relation of George F. Moore and others commenced proceedings in the Circuit Court of Wayne County, Michigan, against the American Express Company. The.company was described as “a joint stock association organized and existing under the laws of the State óf New York and having its principal business office located in the city of New York, in said State.”

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ERROR TO THE SUPREME COURT OF THE STATE OF MICHIGAN. The Attorney General of the State of Michigan on the relation of George F. Moore and others commenced proceedings in the Circuit Court of Wayne County, Michigan, against the American Express Company. The.company was described as “a joint stock association organized and existing under the laws of the State óf New York and having its principal business office located in the city of New York, in said State.” It was averred that the company complied with the requirements of certain statutes of the State of Michigan and had obtained the…

1Opinion of the CourtJustice White

We will first dispose of the. claim that this court is without, jurisdiction to review the judgment, and that hence the writ of error should be dismissed. The contention is based upon the following : 1, that the proceeding below, being for a mandamus, was not a “ suit ” within the meaning of that term as employed in section 709 of the Revised Statutes; and 2, because no Federal question is involved and no such question was below decided.

The'first proposition is not tenable. McPherson v. Blacker, 146 U. S. 1, 24; Hartman v. Greenough, 102 U. S. 672.

The second is likewise without merit. From…

2Cases cited3 opinions

  1. McPherson v. BlackerSupreme Court of the United States · 1892
  2. Reading Railroad Company v. PennsylvaniaSupreme Court of the United States · 1873
  3. Hartman v. GreenhowSupreme Court of the United States · 1881

3Cited by10 opinions

  1. State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
  2. Detroit & Mackinac Railway Co. v. Michigan Railroad CommissionSupreme Court of the United States · 1916
  3. DETROIT & C. RY. v. Michigan RR Comm.Supreme Court of the United States · 1916
  4. Clicquot Club Co. v. United StatesDistrict Court, D. Massachusetts · 1926
  5. People v. Wells, Fargo & Co.California Supreme Court · 1902

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