Legal Opinion

Kansas City Southern Ry. Co. v. Quigley

U.S. Circuit Court for the District of Western Arkansas

Decided June 13, 1910No. 200PublishedCited by 2 opinions

In Equity. Suit by the Kansas City Southern Railway Company against R. M. Quigley and others, in which defendants file cross-bill for affirmative relief. The complainant, a corporation organized and existing under the laws of the state of Missouri, and a citizen of that state, exhibited its ’bill of complaint against R. M. Quigley and 17 other defendants, each and all of them alleged to be citizens and residents of Polk county; in the state of Arkansas, and of the Ft.

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In Equity. Suit by the Kansas City Southern Railway Company against R. M. Quigley and others, in which defendants file cross-bill for affirmative relief. The complainant, a corporation organized and existing under the laws of the state of Missouri, and a citizen of that state, exhibited its ’bill of complaint against R. M. Quigley and 17 other defendants, each and all of them alleged to be citizens and residents of Polk county; in the state of Arkansas, and of the Ft. Smith Division of the Western District thereof. "The prayer of the bill is: “That the rights of your orator and of the…

1Opinion of the CourtRogers, District Judge

(after stating the facts as above). In the view taken by the court, it is unnecessary to set out at length the other pleadings. The question of jurisdiction raised by the answer, growing out of the denial of diverse citizenship, need not be noticed now. To my mind it is clear that no jurisdiction in this case can be upheld! on the ground of the alleged existence of a federal question. The principle governing that class of cases is stated in Devine v. Los Angeles, 202 U. S. 334, 26 Sup. Ct. 657, 50 L. Ed. 1046, as follows:

“It would be wholly unnecessary and Improper In order to prove…

2Cases cited37 opinions

  1. Cohens v. VirginiaSupreme Court of the United States · 1821
  2. Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
  3. Holland v. ChallenSupreme Court of the United States · 1884
  4. Hale v. AllinsonSupreme Court of the United States · 1903
  5. Boise Artesian Hot & Cold Water Co. v. Boise CitySupreme Court of the United States · 1909

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3Cited by2 opinions

  1. Georgia Power Co. v. HudsonCourt of Appeals for the Fourth Circuit · 1931
  2. Yuba Consolidated Gold Fields v. KilkearyDistrict Court, N.D. California · 1952

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