Legal Opinion

Northern Pacific Railroad v. Amato

Supreme Court of the United States

Decided April 11, 1892No. 1508PublishedCited by 26 opinions

ERROR TO THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. ■ On February 11, 1890, Dominick Amato brought an action in the Supreme Court of the State of New York, in the county of New York, against the Northern Pacific Kailroad Company, a corporation created by an act of Congress, approved March 2, Í86é, "c. 217, 13 Stat. 365. The summons in the action was duly served on the defendant, and it appeared by attorney.

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ERROR TO THE UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. ■ On February 11, 1890, Dominick Amato brought an action in the Supreme Court of the State of New York, in the county of New York, against the Northern Pacific Kailroad Company, a corporation created by an act of Congress, approved March 2, Í86é, "c. 217, 13 Stat. 365. The summons in the action was duly served on the defendant, and it appeared by attorney. The complaint stated that the plaintiff was a resident of the city and county and State of New York; that on or about November 6, 1888, in or near the county of…

1Opinion of the CourtJustice Blatoheord

The first ground urged for the motion to dismiss is' that, linder the act of March 3, 1891, c. 517, (26 Stat. 826,) the writ of error will not lie. That act provides, in § 6, that the Circuit Courts of Appeals established by it shall exercise appellate jurisdiction to review, by appeal or by writ of error, “ final decision ” in the existing Circuit Courts in all oases other than those provided for in § 5 .of the' act, unless otherwise provided by law, and that “ the judgments or decrees of the Circuit Courts of Appeals shall be final in all cases in which the jurisdiction is dependent…

2Cases cited3 opinions

  1. McLish v. RoffSupreme Court of the United States · 1891
  2. Oldenburg v. New York Central & Hudson River RailroadNew York Court of Appeals · 1891
  3. Bradley v. . New York Central R.R. Co.New York Court of Appeals · 1875

3Cited by26 opinions

  1. Smith v. ReevesSupreme Court of the United States · 1900
  2. Standard Paint Co. v. Trinidad Asphalt Manufacturing Co.Supreme Court of the United States · 1911
  3. Bankers Trust Co. v. Texas & Pacific Railway Co.Supreme Court of the United States · 1916
  4. Union Pacific Railway Co. v. HarrisSupreme Court of the United States · 1895
  5. United States v. JahnSupreme Court of the United States · 1894

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