Missouri, Kansas & Texas Railway Co. v. Elliott
Supreme Court of the United States
ERROR TO THE KANSAS CITY COURT OF APPEALS FOR THE STATE OF .MISSOURI. The action below was-brought by Elliott in the state circuit court of Cooper County, Lnssouri, against the railway company, plaintiff in error herein. Recovery was sought upon an injunction bond givqn in an equity cause in a suit in the Circuit Court of the United States for the Central Division of the Western District of Missouri.
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ERROR TO THE KANSAS CITY COURT OF APPEALS FOR THE STATE OF .MISSOURI. The action below was-brought by Elliott in the state circuit court of Cooper County, Lnssouri, against the railway company, plaintiff in error herein. Recovery was sought upon an injunction bond givqn in an equity cause in a suit in the Circuit Court of the United States for the Central Division of the Western District of Missouri. The railway company was, complainant in the equity cause and Elliott was defendant. The Circuit Court of the United States, as the result of a mandate of the Circuit Court of "Appeals, entered…
1Opinion of the CourtJustice White
The proposition relied upon to secure the reversal of the judgment below is that the state court erroneously allowed as an element of damage upon an injunction bond given in a court of the United States the sum of alleged counsel fees for procuring a dissolution of the injunction, and that as such fees under the rule prevailing in the equity courts of. the United States are not properly allowable, therefore the state court denied an immunity asserted in favor of the defendant below and arising from an authority exercised under the United States.
We are at the outset met by an objection that…
2Cases cited3 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Mallett v. North CarolinaSupreme Court of the United States · 1901
- Oxley Stave Co. v. Butler CountySupreme Court of the United States · 1897
3Cited by53 opinions
- Pennsylvania R. Co. v. HughesSupreme Court of the United States · 1903
- Kentucky v. PowersSupreme Court of the United States · 1906
- Straus v. Victor Talking Mach. Co.Court of Appeals for the Second Circuit · 1924
- International Ladies' Garment Workers' Union v. Donnelly Garment Co.Court of Appeals for the Eighth Circuit · 1945
- Burt v. SmithSupreme Court of the United States · 1906
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