Legal Opinion

Cella v. Brown

Court of Appeals for the Eighth Circuit

Decided March 8, 1906No. 2,299PublishedCited by 25 opinions

Appeal from the Circuit Court of the United States for the Eastern District of Missouri. The United Railways Company of St. Louis (hereinafter styled “the Railways Company”), the owner of a system of railways in the city of St. Louis, on September 30, 1899, made a contract of lease with the defendant the St. Louis Transit Company (hereinafter styled “the Transit Company”) to extend, improve, and operate said street railways for a period of 40 years.

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Appeal from the Circuit Court of the United States for the Eastern District of Missouri. The United Railways Company of St. Louis (hereinafter styled “the Railways Company”), the owner of a system of railways in the city of St. Louis, on September 30, 1899, made a contract of lease with the defendant the St. Louis Transit Company (hereinafter styled “the Transit Company”) to extend, improve, and operate said street railways for a period of 40 years. Acting under the covenants made in said lease the transit company became largely indebted, beyond its ability to promptly meet and continue to be…

1Opinion of the CourtPhilips, District Judge

The want of jurisdiction over this controversy is pressed with zeal and ability by appellants’ counsel, notwithstanding the opinion of Judge Sanborn on the circuit in overruling the motion to remand. As the defendants, the two railroad companies and the bank, were citizens of the same state as the complainants when the suit was instituted, it was not removable from the state to the federal court on the petition of James Brown, the nonresident citizen, unless the controversy between himself and<the complainants could be wholly and fully determined as between them without the necessary presence…

2Cases cited16 opinions

  1. Barney v. LathamSupreme Court of the United States · 1881
  2. Willard v. TayloeSupreme Court of the United States · 1870
  3. Torrence v. SheddSupreme Court of the United States · 1892
  4. Marquez v. FrisbieSupreme Court of the United States · 1879
  5. Minneapolis & St. Louis Railway v. Columbus Rolling MillSupreme Court of the United States · 1886

11 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912
  2. Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
  3. Bleck v. East Boston Co.Massachusetts Supreme Judicial Court · 1939
  4. United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1916
  5. First Trust & Savings Bank v. Iowa-Wisconsin Bridge Co.Court of Appeals for the Eighth Circuit · 1938

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