Commissioners of Road Improvement District No. 2 v. St. Louis Southwestern Railway Co.
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. Certiorari to a judgment of the' Circuit Court of Appeals affirming a judgment of the District Court for the respondent railway company in a case involving a road improvement assessment removed from a state court. This proceeding is not a suit within the meaning of the federal removal acts.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. Certiorari to a judgment of the' Circuit Court of Appeals affirming a judgment of the District Court for the respondent railway company in a case involving a road improvement assessment removed from a state court. This proceeding is not a suit within the meaning of the federal removal acts. The County Court, in passing upon the benefits received from the building of the road, was acting in an administrative and not a judicial capacity, occupying the position and having the same authority as that of the Board of Supervisors…
1Opinion of the CourtChief Justice Taft
The question in this case is whether a proceeding in a state county court to assess benefits and damages growing out of a road improvement was properly removed to the federal District Court.
The assessors appointed by the County Court of Lafayette County, Arkansas, for Road Improvement District No. 2, imposed an assessment on lands within the district, belonging to the St. Louis Southwestern Railway, a corporation of Missouri, of $49,706, for benefits from the projected improvement. The book of assessments for the District was filed by the District Commissioners in the office of the County…
2Cases cited32 opinions
- Prentis v. Atlantic Coast Line Co.Supreme Court of the United States · 1908
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- Chicot County v. SherwoodSupreme Court of the United States · 1893
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