Legal Opinion

New York, N. H. & H. R. Co. v. City of New York

U.S. Circuit Court for the District of Southern New York

Decided December 1, 1905Published

In Equity. On demurrer to bill for want of jurisdiction.

1Opinion of the Court

WALLACE, Circuit Judge.

The demurrer to the bill of complaint is to the jurisdiction of the court, because (1) there is not the requisite diversity of citizenship between the parties; and (2) the bill does not present a case which substantially involves the construction of the Constitution of the United States, but is one which is merely color-able. ¡ ■

The action is in equity to vacate certain assessments for a local improvement made by the taxing authorities of the City of New York against the Harlem River & Port Chester Railroad Company, and which became a lien .upon the lands of that…

2Cases cited6 opinions

  1. Holland v. ChallenSupreme Court of the United States · 1884
  2. Horn v. LockhartSupreme Court of the United States · 1873
  3. Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897
  4. Mason v. DullaghamCourt of Appeals for the Seventh Circuit · 1897
  5. Oxley State Co. v. Coopers' International Union of North AmericaU.S. Circuit Court for the District of Arkansas · 1896

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