Legal Opinion

Northern Pacific Railroad v. McMullen

Wisconsin Supreme Court

Decided December 29, 1893PublishedCited by 2 opinions

ERROR to the County Court of Waukesha County. The facts are-stated in the opinion. contended, inter alia, that the actions could not be removed because the petition and bond were not filed in the county court — in which the actions were pending — within the time required by law. Noble v. Mass. Ben. Asso. 48 Fed. Rep. 337; Kansas City, F. S. <& M. R. Co. v. Daughtry, 138 U. S. 298; Stewart v. Stewart, 83 Wis. 364; Austin v. Gagrni, 39 Fed.

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ERROR to the County Court of Waukesha County. The facts are-stated in the opinion. contended, inter alia, that the actions could not be removed because the petition and bond were not filed in the county court — in which the actions were pending — within the time required by law. Noble v. Mass. Ben. Asso. 48 Fed. Rep. 337; Kansas City, F. S. <& M. R. Co. v. Daughtry, 138 U. S. 298; Stewart v. Stewart, 83 Wis. 364; Austin v. Gagrni, 39 Fed. Rep. 026; Burdieh v. Hale, 7 Piss. 96; Torrey v. Grant Locomotive Works, 14 Blatchf. 269; Shecld v. Fuller, 36 Fed. Rep. 609; Johnson v. C., M. & St. R. R.…

1Opinion of the Court

The following opinion w-as filed October 17, 1893: .

Orton, J.

These two cases were, by stipulation, tried together and before the same- jury, with separate verdicts *502and judgments, and the proceedings for their removal to the circuit court of the United States were upon like records and papers, and were presented to this court upon the same record and assignments of error, and therefore there will be but one opinion for both cases.

These two actions are brought by the administratrix of the estate of each intestate to recover the statutory damages for his killing by the negligence of the…

2Cases cited22 opinions

  1. Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
  2. Meyer v. Construction CompanySupreme Court of the United States · 1879
  3. Railroad Co. v. KoontzSupreme Court of the United States · 1881
  4. Stone v. South CarolinaSupreme Court of the United States · 1886
  5. Carson v. DunhamSupreme Court of the United States · 1887

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3Cited by2 opinions

  1. City of Ashland v. WhitcombWisconsin Supreme Court · 1904
  2. State ex rel. Morgan v. RisjordWisconsin Supreme Court · 1922

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