Legal Opinion

Texas & Pacific Railway Co. v. Southern Pacific Co.

Supreme Court of the United States

Decided November 3, 1890No. 1210PublishedCited by 30 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA. Motion to dismiss or affirm. The case was stated by the ■court as follows: The Texas and Pacific Railway Company, represented by its receiver, filed its petition, against the Southern Pacific Company in the Civil District Court for the Parish of Orleans on the 11th of April, 1888. The receiver was subsequently ■discharged and afterwards died, and the cause was ordered to be proceeded with in the name of the railway…

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ERROR TO THE SUPREME COURT OF THE STATE OF LOUISIANA. Motion to dismiss or affirm. The case was stated by the ■court as follows: The Texas and Pacific Railway Company, represented by its receiver, filed its petition, against the Southern Pacific Company in the Civil District Court for the Parish of Orleans on the 11th of April, 1888. The receiver was subsequently ■discharged and afterwards died, and the cause was ordered to be proceeded with in the name of the railway company as sole plaintiff. By the petition the' company described itself as a Corporation created by and under the laws of the…

1Opinion of the CourtChief Justice Fuller

The decision of the Supreme Court of Louisiana was not against the validity of a treaty or statute of, or an authority exercised under, the United States, nor in favor of the validity of a statute of, or an authority exercised under, any State, drawn in question on the ground of repugnancy to the Constitution, treaties or laws of the United States; and, in order to maintain jurisdiction because of the denial by the State court of any title, right, privilege or immunity claimed under the Constitution or any treaty or statute of the United States, it must appear on the record that such title,…

2Cases cited5 opinions

  1. Stewart v. KahnSupreme Court of the United States · 1871
  2. Texas & Pacific Railway Co. v. Southern Pacifc Railway Co.Supreme Court of Louisiana · 1889
  3. Stark v. BurkeSupreme Court of Louisiana · 1854
  4. Hanson v. City CouncilSupreme Court of Louisiana · 1841
  5. Caldwell v. Western Marine & Fire InsuranceSupreme Court of Louisiana · 1841

3Cited by30 opinions

  1. Duncan v. MissouriSupreme Court of the United States · 1894
  2. Great Western Telegraph Co. v. PurdySupreme Court of the United States · 1896
  3. Miller v. TexasSupreme Court of the United States · 1894
  4. Union Bank of Richmond v. Commissioners of OxfordSupreme Court of North Carolina · 1896
  5. Herndon v. GeorgiaSupreme Court of the United States · 1935

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