Legal Opinion

City of Chicago v. Mills

Supreme Court of the United States

Decided February 4, 1907No. 286PublishedCited by 30 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS- The facts are stated in the opinion. The undisputed evidence in this record shows that this suit was'collusi-vely brought by Mr. Mills at the instigation of and for the -benefit of the People’s Gas Light and Coke Company, for the purpose of conferring jurisdiction upon a Federal court in a case where such jurisdiction was otherwise wanting.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS- The facts are stated in the opinion. The undisputed evidence in this record shows that this suit was'collusi-vely brought by Mr. Mills at the instigation of and for the -benefit of the People’s Gas Light and Coke Company, for the purpose of conferring jurisdiction upon a Federal court in a case where such jurisdiction was otherwise wanting. When it is sought to determine whether a suit is collusively brought for the purpose of conferring jurisdiction upon a Federal court, the question of motive becomes…

1Opinion of the CourtJustice Day

This case is here' upon a question of jurisdiction of the Circuit'Court of the United States for-the. Northern District of Illinois to .entertain the shit. 26 Stat. 326'. The case .originated in a bill filed in that-court by the complainant, Darius 0. Mills, a- citizen of California, as a stockholder in- the People’s Gas, Light and Coke Company, a corporation of the 'State of Illinois, to restrainThe city of Chicago from enforcing-a certain ordinance limiting the right of the gas company as to charges for furnishing-gas.

Complainant, averred a demand of the directors that an action be brought…

2Cases cited8 opinions

  1. Blair v. City of ChicagoSupreme Court of the United States · 1906
  2. Alma Motor Co. v. Timken-Detroit Axle Co.Supreme Court of the United States · 1946
  3. Wetmore v. RymerSupreme Court of the United States · 1898
  4. Shields v. ColemanSupreme Court of the United States · 1895
  5. Smith v. McKaySupreme Court of the United States · 1896

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3Cited by30 opinions

  1. Venner v. Great Northern Railway Co.Supreme Court of the United States · 1908
  2. Delaware & Hudson Co. v. Albany & Susquehanna RailroadSupreme Court of the United States · 1909
  3. Rita Gottesman v. General Motors Corporation and E. I. Du Pont De Nemours and CompanyCourt of Appeals for the Second Circuit · 1959
  4. Corabi v. Auto Racing, Inc.Court of Appeals for the Third Circuit · 1959
  5. Schmidt v. Esquire, Inc. Schmidt v. Reader's Digest Ass'n, Inc. Schmidt v. Crowell-Collier Pub. CoCourt of Appeals for the Seventh Circuit · 1954

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