Chesapeake & Ohio Railroad v. White
Supreme Court of the United States
This was a petition for an original process from this court to stay proceedings in the Circuit Court of Greenbrier County, West Virginia, in a suit in which the defendant in these proceedings was plaintiff and the plaintiff in these proceedings was defendant, on the ground that the cause ivas removed to the Federal courts under the removal act, and that the substantial rights of the parties were involved in a suit, pending in this court, in error to the Court of Appeals of…
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This was a petition for an original process from this court to stay proceedings in the Circuit Court of Greenbrier County, West Virginia, in a suit in which the defendant in these proceedings was plaintiff and the plaintiff in these proceedings was defendant, on the ground that the cause ivas removed to the Federal courts under the removal act, and that the substantial rights of the parties were involved in a suit, pending in this court, in error to the Court of Appeals of West Virginia. The facts upon which the motion was founded appear in the opinion of the court.
1Opinion of the CourtChief Justice Waite
delivered, the opinion of the court.
The motion papers in this case present the following facts:
On the 17th of September, 1881, A. E. White, as administrator of the estate of John D. White, sued the Chesapeake and Ohio Railroad Company in the Circuit Court of Greenbrier County, West Virginia. The summons, was returnable on the first Monday in October, and on that day a declaration was filed. On the filing of the declaration an order was entered at rules that judgment be entered for the plaintiff for his damages, unless the defendant appear and plead to issue on the first Monday in November.…
2Cases cited4 opinions
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Railroad Co. v. MississippiSupreme Court of the United States · 1880
- Insurance Co. v. DunnSupreme Court of the United States · 1874
- King v. WorthingtonSupreme Court of the United States · 1881
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- Stix & Co. v. KeithSupreme Court of Alabama · 1890
- George Weston, Ltd. v. N.Y. Central R.R. Co.Supreme Court of New Jersey · 1935
- Ammond v. Pennsylvania R.Court of Appeals for the Sixth Circuit · 1942
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