Legal Opinion

Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. Roberts

Supreme Court of the United States

Decided December 7, 1891No. 1417PublishedCited by 25 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA. The court stated the case as follows: This is a motion to dismiss the writ of error herein for want' of jurisdiction, with which is united a motion to affirm the judgment of the court below.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MINNESOTA. The court stated the case as follows: This is a motion to dismiss the writ of error herein for want' of jurisdiction, with which is united a motion to affirm the judgment of the court below. The case is this: On the 1st of November, 1890, the defendant in error, John Eoberts, brought an action in a state court of Minnesota against the Chicago, St. Paul, Minneapolis and Omaha Eailway Company, to recover damages for’personal injuries alleged to have been sustained in consequence of the negligence of the company,…

1Opinion of the CourtJustice Lamae

The ground upon which the motion to dismiss is based is, that the writ of error is not only not authorized, but is expressly denied by the second section of the act of Congress approved March 3, 18S7, 24 Stat. 552, c. 373, as corrected by the act of August 13,1888, 25 Stat. 433, c. 866, the last paragraph of which is a,s follows: Whenever any cause shall be removed from any state court into any Circuit Court of the United States, and the .Circuit Court shall decide that the cause was improperly removed, and order the same to be remanded to the state court from whence it came, such .remand…

2Cases cited4 opinions

  1. Graves v. CorbinSupreme Court of the United States · 1890
  2. Railroad Co. v. WiswallSupreme Court of the United States · 1875
  3. Morey v. LockhartSupreme Court of the United States · 1887
  4. Richmond & Danville Railroad v. ThouronSupreme Court of the United States · 1890

3Cited by25 opinions

  1. American Construction Co. v. Jacksonville, Tampa & Key West Railway Co.Supreme Court of the United States · 1893
  2. F & L DRUG CORP. v. American Central Insurance Co.District Court, D. Connecticut · 1961
  3. Bowker v. United StatesSupreme Court of the United States · 1902
  4. State v. LambertWest Virginia Supreme Court · 1902
  5. Bender v. Pennsylvania Co.Supreme Court of the United States · 1893

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