Legal Opinion

Union Pac. Ry. Co. v. Chicago, R. I. & P. Ry. Co.

Court of Appeals for the Eighth Circuit

Decided July 19, 1892No. 16PublishedCited by 63 opinions

Appeal from the Circuit Court of the United States for the District of Nebraska. ' Statement by Sanborn, Circuit Judge: These were suits brought by the appellees in the district court of Doug- ■ las county, Nebraska, in January, 1891, to compel the specific performance of two contracts, dated May 1,1890. The suits were immediately removed on petition of appellants to the United States circuit court for-the district of Nebraska, where they were heard by Mr. Justice Brewer,…

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Appeal from the Circuit Court of the United States for the District of Nebraska. ' Statement by Sanborn, Circuit Judge: These were suits brought by the appellees in the district court of Doug- ■ las county, Nebraska, in January, 1891, to compel the specific performance of two contracts, dated May 1,1890. The suits were immediately removed on petition of appellants to the United States circuit court for-the district of Nebraska, where they were heard by Mr. Justice Brewer, and decrees entered for appellees, from which these appeals are taken. To one of these contracts the Union Pacific Railway…

1Opinion of the CourtSanborn, Circuit Judge

The principal question in this case is whether this contract of May 1, 1890, is ultra vires oí the Pacific Company. The Union Pacific Railway Company is a consolidation, under authority of the act of congress of July 1, 1862, of the Union Pacific Railroad Company, the Kansas Pacific Railway Company, and the Denver Pacific Railway & Telegraph Company. It has succeeded to all the rights and powders granted to the Union Pacific Railroad Company by the acts of congress of July 1, 1862, (12 St. at Large, p. 489,) July 2,1864, (13 St. at Large, pp. 356, 362,) February 24, 1871, (16 St. at Large, p.…

2Cases cited28 opinions

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  2. Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
  3. Railway Co. v. McCarthySupreme Court of the United States · 1878
  4. Thomas v. Railroad Co.Supreme Court of the United States · 1880
  5. Bank of United States v. DandridgeSupreme Court of the United States · 1827

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

3Cited by63 opinions

  1. Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
  2. Union Pacific Railroad v. Mason City & Fort Dodge RailroadSupreme Court of the United States · 1905
  3. Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897
  4. Hill v. RailroadSupreme Court of North Carolina · 1906
  5. Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912

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

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