Central Ohio R. v. Mahoney
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Southern District of Ohio. This was an action brought in a state court of Ohio by Mahoney, the defendant in error, against tlie above-named plaintiffs in error, to recover damages for a personal injury sustained by him from the negligence of the above-named receivers while they were operating the railroad of the Central Ohio Railroad Company under an appointment made by the circuit court of…
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In Error to the Circuit Court of the United States for the Eastern Division of the Southern District of Ohio. This was an action brought in a state court of Ohio by Mahoney, the defendant in error, against tlie above-named plaintiffs in error, to recover damages for a personal injury sustained by him from the negligence of the above-named receivers while they were operating the railroad of the Central Ohio Railroad Company under an appointment made by the circuit court of tlie United States for the Southern district of Ohio, in a case therein pending, in which the Mercantile Trust Company of…
1Opinion of the CourtSeverens, Circuit Judge
When this case was reached for hearing at a former term, the question of jurisdiction was brought to the attention of the court, arid a grave doubt was expressed whether the case was properly removed from the state court; but the case was permitted to be argued on the merits, and subsequently the following question was certified to the supreme court of the United States:
“Is a suit removable from a state court to a United States court upon the petition of tlie receivers alone, when the action is against receivers appointed by a United States court, and also against a corporation created under…
2Cases cited1 opinion
- Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
3Cited by4 opinions
- Axline v. Toledo, W. V. & O. R. CO.U.S. Circuit Court for the District of Southern Ohio · 1903
- Rupp v. Wheeling & L. E. R. Co.Court of Appeals for the Sixth Circuit · 1903
- Beltz v. Baltimore & O. R. Co.U.S. Circuit Court for the District of Northern Ohio · 1905
- Taylor v. Van AttaDistrict Court, W.D. Missouri · 1933