Cleveland, C., C. & St. L. Ry. Co. v. Hirsch
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Suit in equity by the Cleveland, Cincinnati, Chicago & St. Louis Railway Company against I. C. Hirsch. Decree for defendant, and complainant appeals. This was a suit in equity to set aside a lease under which Hirsch occupies 'certain of the company’s land, and to require him to deliver up the premises and render an accounting.
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Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Suit in equity by the Cleveland, Cincinnati, Chicago & St. Louis Railway Company against I. C. Hirsch. Decree for defendant, and complainant appeals. This was a suit in equity to set aside a lease under which Hirsch occupies 'certain of the company’s land, and to require him to deliver up the premises and render an accounting. The basis of the suit was that the rent reserved was virtually nominal, and that the transaction was a subterfuge, which was…
1Opinion of the CourtWarrington, Circuit Judge
(after stating the facts as above). [1] The first ground of the demurrer challenged the court’s jurisdiction, but nothing was stated in the argument nor is anything found in the briefs on this subject. The company was incorporated under the laws of Ohio and Indiana, and is a citizen of each of the states, having its principal office and place of business in Cincinnati; and Hirsch is a citizen and resident of Hamilton county, Ohio, doing business there in the name of I. C. Hirsch Iron & Steel Rail Company. The only perceivable ground of jurisdiction is that the cause arises under a law of the…
2Cases cited35 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Second Employers'liability CasesSupreme Court of the United States · 1912
- The Fair v. Kohler Die & Specialty Co.Supreme Court of the United States · 1913
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
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3Cited by31 opinions
- De Burgh v. De BurghCalifornia Supreme Court · 1952
- Stephens v. Ohio State Telephone Co.District Court, N.D. Ohio · 1917
- Shaw Warehouse Company, Birmingham Ice and Cold Storage Company, and Boggs Cold Storage Company v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1961
- Vandalia R. v. United StatesCourt of Appeals for the Seventh Circuit · 1915
- Grand Rapids & I. Ry. Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1914
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