Legal Opinion

Ex Parte Railway Company

Supreme Court of the United States

Decided March 21, 1881PublishedCited by 44 opinions

ORIGINAL. Mr. Fillmore Beall presented the petition of the Des Moines and Minneapolis Railroad Company, duly verified by affidavit, and moved for a rule on the Circuit Court of the United States for the District of Iowa, Northern Division, to show cause why a writ of mandamus should not issue.

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ORIGINAL. Mr. Fillmore Beall presented the petition of the Des Moines and Minneapolis Railroad Company, duly verified by affidavit, and moved for a rule on the Circuit Court of the United States for the District of Iowa, Northern Division, to show cause why a writ of mandamus should not issue. The petition sets forth that the company, a corporation existing under the laws of Iowa, brought suit in that court Sept. 3, 1880, against John B. Alley, a citizen of Massachusetts, to recover the sum of $99,616.05, and in the complaint asked, in conformity with the practice and pleading existing in the…

1Opinion of the CourtChief Justice Waite

This motion is denied, 1, because it is an attempt to use the writ of mandamus as a writ of error to bring here for review the judgment of the Circuit Court upon a plea to the jurisdiction filed yin the suit; and, 2, because if a writ of mandamus could be used for ’ such a purpose the judgment below was clearly right. Under sect. 739 of the Revised Statutes, no civil suit, not local in its nature, can be brought in the Circuit Court of the United States, against an inhabitant of the United States, by original process, in any other State than that of which he is an inhabitant, or in which he…

2Cited by44 opinions

  1. In Re Pennsylvania Co.Supreme Court of the United States · 1890
  2. State Ex Rel. St. Louis, Brownsville & Mexico Railway Co. v. TaylorSupreme Court of the United States · 1924
  3. Ex Parte RoeSupreme Court of the United States · 1914
  4. Big Vein Coal Co. of W. Va. v. ReadSupreme Court of the United States · 1913
  5. Ex Parte the Union Steamboat CompanySupreme Court of the United States · 1900

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