Younts v. Southwestern Telegraph & Telephone Co.
U.S. Circuit Court for the District of Eastern Arkansas
Action by W. C. Younts against the Southwestern Telegraph & Telephone Company. On demurrer to complaint. This suit was instituted in a state court and by the defendant removed to this court upon the ground of diversity of citizenship.
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Action by W. C. Younts against the Southwestern Telegraph & Telephone Company. On demurrer to complaint. This suit was instituted in a state court and by the defendant removed to this court upon the ground of diversity of citizenship. The complaint alleges: That the defendant is engaged in operating a telephone exchange in the city of Little Rock and in installing and furnishing telephones in the residences and places of business of the citizens of the city, as well as citizens living and residing in the country, and also of citizens living in the neighborhood of Fourche Dam and in close…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). In every action brought in a circuit court of the United States, or removed thereto from a state court, a preliminary question to be determined is whether the court has jurisdiction of the cause. If the *202recbrd does not affirmatively show jurisdiction in this court, it is its duty to so declare and decline to proceed further, and this it must do although no objections are raised by either party, or even if the parties consent-to the jurisdiction. Minnesota v. Northern Securities Co., 194 U. S. 48, 24 Sup. Ct. 598, 48 L. Ed. 870, and authorities there cited.
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2Cases cited30 opinions
- Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
- Huntington v. AttrillSupreme Court of the United States · 1892
- Claflin v. HousemanSupreme Court of the United States · 1876
- Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
- Chattanooga Foundry & Pipe Works v. City of AtlantaSupreme Court of the United States · 1906
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3Cited by11 opinions
- Bowles v. Barde Steel Co.Oregon Supreme Court · 1945
- Pacolet Manufacturing Co. v. WeissSupreme Court of Georgia · 1937
- Stewart v. Cybur Lumber Co.District Court, S.D. Alabama · 1914
- United Fuel Gas Co. v. Public Service CommissionWest Virginia Supreme Court · 1928
- Ft. Worth & D. C. Ry. Co. v. FrazierCourt of Appeals of Texas · 1916
6 more not listed; retrieve them via the Exa API.