Copeland v. Memphis & C. R.
U.S. Circuit Court for the District of Northern Alabama
Heard on motion of plaintiff [Lizzie Copeland] to remand the cause to the state court. On .March 28, 1877, the plaintiff, a citizen of Alabama, brought her action against the defendant in the circuit court of the state of Alabama, in and for Lawrence county, to recover damages sustained by the death of her intestate, which she alleged was caused by the carelessness and negligence of the defendant.
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Heard on motion of plaintiff [Lizzie Copeland] to remand the cause to the state court. On .March 28, 1877, the plaintiff, a citizen of Alabama, brought her action against the defendant in the circuit court of the state of Alabama, in and for Lawrence county, to recover damages sustained by the death of her intestate, which she alleged was caused by the carelessness and negligence of the defendant. The cause was, on the petition of the defendant, removed to this court, by virtue of the provisions of the act of March 3, 1875 (18 Stat 470), and the record brought here by writ of certiorari,…
1Opinion of the Court
WOODS, Circuit Judge.
The contention of counsel who move to remand is, that the act of the legislature of Alabama of January 7, 1850, entitled “An act to incorporate the Memphis & Charleston Railroad Company,” created a body corporate, separate and distinct from the corporation of the same name created by the legislature of Tennessee, February 2, 1S40, and that such body corporate was. of course, a citizen of the state of Alabama. by which it was created. On the other side, it is claimed that the purpose and effect of the legislation of Alabama was, either simply to confer new powers and…
2Cases cited3 opinions
- Muller v. DowsSupreme Court of the United States · 1876
- Bishop v. BrainerdSupreme Court of Connecticut · 1859
- Memphis & Charleston Railroad v. BibbSupreme Court of Alabama · 1861
3Cited by2 opinions
- Memphis & Charleston Railroad v. AlabamaSupreme Court of the United States · 1883
- Colglazier v. Louisville, N. A. & C. Ry. Co.U.S. Circuit Court for the District of Indiana · 1884