Legal Opinion

Sweeney v. Grand Island & W. C. R.

District Court, D. South Dakota

Decided April 14, 1894PublishedCited by 8 opinions

This was an action by Thomas Sweeney against the Grand Island & Wyoming Central Railroad Company; John and David Fitzgerald, copartners as John Fitzgerald & Bro.; John Carroll, Samuel E. Donoghue, and Frank P. Phillips, late copartners as Carroll, Donoghue & Co.; and the Congdon & Henry Hardware Company. The action was brought in a state court to enforce a mechanic’s lien, and was removed to this court by the railroad company.

1Opinion of the Court

SANBORN, Circuit Judge.

The plaintiff, Thomas Sweeney, makes a motion to remand this case to the circuit court of Pennington county, S. D. He brought this action in that court to enforce a mechanic’s lien against certain real property of the railroad company situated in South Dakota, upon which the Congdon & Henry, Hardware Company also claims to have a similar lien. The raii*4road company and John Fitzgerald and David Fitzgerald are citizens of Nebraska, and the company removed this action to this court on the ground that there was a controversy in it wholly between the plaintiff on one side…

2Cases cited7 opinions

  1. Torrence v. SheddSupreme Court of the United States · 1892
  2. Graves v. CorbinSupreme Court of the United States · 1890
  3. Fidelity Insurance v. HuntingtonSupreme Court of the United States · 1886
  4. Brown v. TrousdaleSupreme Court of the United States · 1891
  5. Bellaire v. Baltimore & Ohio RailroadSupreme Court of the United States · 1892

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3Cited by8 opinions

  1. Grand Island & W. C. R. v. SweeneyCourt of Appeals for the Eighth Circuit · 1900
  2. Hopkins Erecting Co. v. Briarwood Apartments of LexingtonDistrict Court, E.D. Kentucky · 1981
  3. Robert J. Morin v. Eastern Bearings, Inc. d/b/a Eastern Industrial AutomationDistrict Court, D. New Hampshire · 2020
  4. Applications in Internet Time, LLC v. Salesforce, Inc.District Court, D. Nevada · 2025
  5. Citizens' & Southern Bank of South Carolina v. Pine Forest Inn Co.District Court, E.D. South Carolina · 1929

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