Turk v. Illinois Cent. R.
Court of Appeals for the Sixth Circuit
In Error to tSie District Court of the United States for the Western District of Kentucky; Walter Rvatis, judge. Action at law by j. W. Turk individually, the Insurance Company of North America, and J. W. Turk, for the use of the Insurance Company, against the Illinois Central Railroad Company and the Chicago, St. Louis & New Orleans Railroad Company. Judgment for defendants, and plaintiffs bring error.
1Opinion of the Court
DENISON, Circuit Judge.
[ 1 ] The only question argued is whether the court below acquired jurisdiction through removal proceedings from the state court, and a record which presents only that, question must be reviewed by the Supreme Court; but the assignments of error also involve the ultimate merits, so giving'this'court jurisdiction over both questions (Phillips Co. v. Railway, 195 Fed. 12, 15, 115 C. C. A. 94); and we think the jurisdiction so acquired is not lost by a failure to argue the merits, nor by the fact that we do not find the nonjurisdic-tional assignments to be vital.
The claim…
2Cases cited20 opinions
- In Re MooreSupreme Court of the United States · 1908
- Ex Parte WisnerSupreme Court of the United States · 1906
- Smith v. LyonSupreme Court of the United States · 1890
- Thompson v. Railroad CompaniesSupreme Court of the United States · 1868
- Bacon v. RivesSupreme Court of the United States · 1882
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3Cited by17 opinions
- United States Fidelity & Guaranty Co. v. Union Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1915
- General Inv. Co. v. Lake Shore & M. S. Ry. Co.Court of Appeals for the Sixth Circuit · 1918
- Staples v. Central Surety & Ins. CorporationCourt of Appeals for the Tenth Circuit · 1932
- Ford v. AdkinsDistrict Court, E.D. Illinois · 1941
- United States v. United States Fidelity & Guaranty Co.Court of Appeals for the Sixth Circuit · 1918
12 more not listed; retrieve them via the Exa API.