Arkansas v. Choctaw & M. R.
U.S. Circuit Court for the District of Eastern Arkansas
In Equity. The state of Arkansas, by its Attorney General, filed its bill in the chancery court of Pulaski county, state of Arkansas, praying for a decree that any lease or sale by the defendant Choctaw & Memphis Railroad Company of its railroad property and franchises to its codefendant the Choctaw, Oklahoma & Gulf Railroad Company, and any lease of said property by the Choctaw, Oklahoma & Gulf Railroad Company to the other defendant, Chicago, Rock Island & Pacific Railway…
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In Equity. The state of Arkansas, by its Attorney General, filed its bill in the chancery court of Pulaski county, state of Arkansas, praying for a decree that any lease or sale by the defendant Choctaw & Memphis Railroad Company of its railroad property and franchises to its codefendant the Choctaw, Oklahoma & Gulf Railroad Company, and any lease of said property by the Choctaw, Oklahoma & Gulf Railroad Company to the other defendant, Chicago, Rock Island & Pacific Railway Company, be declared void, canceled, and held for naught, and that by mandatory order of the court the Choctaw, Oklahoma…
1Opinion of the CourtTrieber, District Judge
(after stating the facts). To justify the assumption of jurisdiction by a federal court, either originally or on removal from a state court, upon the ground that a federal question is involved, the fact that the cause is one arising under the Constitution, laws, or treaties of the United States must appear from plaintiff’s statement of facts in the complaint, and cannot be aided by the allegations in the petition or answer. Tennessee v. Union & Planters’ Bank, 152 U. S. 454, 14 Sup. Ct. 654, 38 L. Ed. 511; Arkansas v. K. & T. Coal Co., 183 U. S. 185, 22 Sup. Ct. 47, 46 L. Ed. 144; Filhiol v.…
2Cases cited24 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
- Newburyport Water Co. v. NewburyportSupreme Court of the United States · 1904
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Pennsylvania Railroad v. St. Louis, Alton & Terre Haute RailroadSupreme Court of the United States · 1886
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3Cited by4 opinions
- Harris v. RosenbergerCourt of Appeals for the Eighth Circuit · 1906
- Manning v. Atlantic & Yadkin Railway Co.Supreme Court of North Carolina · 1924
- Jennings v. DarkIndiana Supreme Court · 1910
- Manning v. Atlantic & Yadkin Railway Co.Supreme Court of North Carolina · 1924