Legal Opinion

Southern Railway Co. v. Postal Telegraph-Cable Co.

Supreme Court of the United States

Decided January 7, 1901No. 64PublishedCited by 26 opinions

EEEOE TO THE OIEOUIT OOUET OF APPEALS FOE THE FOURTH CIRCUIT. This was a proceeding commenced by the Postal Telegraph-Cable Company (hereinafter called the telegraph company) against the Southern Railway Company (hereinafter called the railway company) to acquire by condemnation the right to construct its telegraph line along and over the railway company’s right of way through the State of North Carolina.

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EEEOE TO THE OIEOUIT OOUET OF APPEALS FOE THE FOURTH CIRCUIT. This was a proceeding commenced by the Postal Telegraph-Cable Company (hereinafter called the telegraph company) against the Southern Railway Company (hereinafter called the railway company) to acquire by condemnation the right to construct its telegraph line along and over the railway company’s right of way through the State of North Carolina. The petition therefor was filed by the telegraph company in the office of the clerk of the Superior Court of Guilford County, North Carolina, on June 11, 1898. A summons was issued requiring…

1Opinion of the CourtJustice Brewer

The single question we deem it necessary to consider is whether a final judgment or order had been entered by the Circuit Court which could be taken by writ of error to the. Circuit Court of Appeals.

Luxton v. North River Bridge Co., 147 U. S. 337, 341, is decisive of this question. Indeed, little more seems necessary than a reference to the opinion in that case. There, as here, in condemnation proceedings, an order was made appointing commissioners to assess damages. To reverse this order a writ of error was sued out, and by that writ of error an attempt was made to challenge the…

2Cases cited12 opinions

  1. McGourkey v. Toledo & Ohio Central Railway Co.Supreme Court of the United States · 1892
  2. Luxton v. North River Bridge Co.Supreme Court of the United States · 1893
  3. Keystone Manganese & Iron Co. v. MartinSupreme Court of the United States · 1889
  4. Wheeling & Belmont Bridge Co. v. Wheeling Bridge Co.Supreme Court of the United States · 1891
  5. Holcombe v. McKusickSupreme Court of the United States · 1858

7 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Catlin v. United StatesSupreme Court of the United States · 1945
  2. Attorney General of Utah v. PomeroyUtah Supreme Court · 1937
  3. Grays Harbor Logging Co. v. Coats-Fordney Logging Co.Supreme Court of the United States · 1917
  4. United States v. 243.22 Acres of LandCourt of Appeals for the Second Circuit · 1942
  5. United States v. New York, New Haven and Hartford Railroad Company, Tri-Continental Financial Corporation, A. C. Allyn and Company, Incorporated, American Transportation Enterprises, Inc., Equitable Securities Corporation, Carl M. Loeb, Rhoades & Co., the Robinson-Humphrey Company, Inc., and John W. Clarke & Co., Helene Glenmore v. John I. AhernCourt of Appeals for the Second Circuit · 1960

21 more not listed; retrieve them via the Exa API.

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