South Dakota Cent. Ry. Co. v. Continental & Commercial Trust & Savings Bank
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of South Dakota; James D. Elliott, Judge. Suit in equity by the South Dakota Central Railway Company against the Continental & Commercial Trust & Savings Bank and others. Decree for defendants, and complainant appeals.
1Opinion of the Court
TRIEBER, District Judge.
This is an appeal from a final decree sustaining a motion of the defendants to dismiss the complaint for want of equity.
The cause was originally instituted by the appellant in a circuit court of the state of South Dakota, and on petition of" the appellees removed to the District Court of the United States for the District of South Dakota. A motion to remand the cause to the state court was overruled, and thereupon the motion to dismiss the complaint for failing to state a cause of action was sustained. The parties will be referred to as they appeared in the court below.
2Cases cited18 opinions
- Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
- McCormick v. SullivantSupreme Court of the United States · 1825
- Julian v. Central Trust Co.Supreme Court of the United States · 1904
- Carson v. DunhamSupreme Court of the United States · 1887
- Dowell v. ApplegateSupreme Court of the United States · 1894
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3Cited by7 opinions
- The State of Washington, Etc. v. The American League of Professional Baseball ClubsCourt of Appeals for the Ninth Circuit · 1972
- Shores v. Hendy Realization Co.Court of Appeals for the Ninth Circuit · 1943
- Torquay Corporation v. Radio Corporation of AmericaDistrict Court, S.D. New York · 1932
- Brictson Mfg. Co. v. CloseCourt of Appeals for the Eighth Circuit · 1928
- Refior v. Lansing Drop Forge Co.Court of Appeals for the Sixth Circuit · 1943
2 more not listed; retrieve them via the Exa API.