McCornick v. Western Union Tel. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Utah. On October 18, 1892, George L. Frink, manager of the Glencoe Mining Company of the territory of Utah, applied to the plaintiff, a banker of Salt 1 jalee Oity, in said territory, with whom said mining- company had an account, for a loan by way of pverdrafts, to the amount of §7,500, which ivas declined, but with the statement that plaintiff would so loan such sum as one D. if.
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In Error to the Circuit Court of the United States for the District of Utah. On October 18, 1892, George L. Frink, manager of the Glencoe Mining Company of the territory of Utah, applied to the plaintiff, a banker of Salt 1 jalee Oity, in said territory, with whom said mining- company had an account, for a loan by way of pverdrafts, to the amount of §7,500, which ivas declined, but with the statement that plaintiff would so loan such sum as one D. if. Soule, of New Milford, Conn., would authorize said Frink to draw for upon the said Soule. Thereafter, on the same day, said Soule, in the city…
1Opinion of the CourtLochren, District Judge
1. The cause was properly removed to the United States circuit court. The right of removal in this case did not depend on the act of March 3,1887, in relation to the removal of causes from the state to the federal courts, which is inapplicable to suits pending in the courts of a territory. Such right of removal rested entirely on the provision made by congress for the special purpose of removing into the federal courts such causes pending in the territorial courts of Utah, when such courts should cease to exist, on the admission of the new state, as might, conformably to the constitution of…
2Cases cited5 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Koenigsberger v. Richmond Silver Mining Co.Supreme Court of the United States · 1895
- May v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1873
- Western Union Tel. Co. v. WoodCourt of Appeals for the Fifth Circuit · 1893
3Cited by7 opinions
- Farm Investment Co. v. CarpenterWyoming Supreme Court · 1900
- Western Union Telegraph Co. v. SchriverCourt of Appeals for the Eighth Circuit · 1905
- Whitehill v. Western Union Telegraph Co.U.S. Circuit Court for the District of Eastern Arkansas · 1905
- Barrus v. Western Union Telegraph Co.Utah Supreme Court · 1936
- Newton v. State Board of Land CommissionersIdaho Supreme Court · 1923
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