Ames and Others v. State of Kansas Ex Rel. Johnston. Kansas Pac. Ry Co. v. Same
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OE THE UNITED STATES EOR THE DISTRICT OE KANSAS. Each of these writs of error brought up for review an order of the Circuit Court remanding a case to the State court from which it had been removed, and the two cases were considered together.
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IN ERROR TO THE CIRCUIT COURT OE THE UNITED STATES EOR THE DISTRICT OE KANSAS. Each of these writs of error brought up for review an order of the Circuit Court remanding a case to the State court from which it had been removed, and the two cases were considered together. The material facts were these : The Leavenworth, Pawnee and Western Railroad Company was incorporated by the Legislature of the Territory of Kansas in 1855, to build a railroad from the west bank of the Missouri River, in the town of Leavenworth, to or near Fort Riley, and from thence to the western boundary of the Territory,…
1Opinion of the CourtChief Justice Waite
delivered the opinion .of the court. He stated the facts in the foregoing language, and continued :
The right of removal under section 640 of the Revised Statutes, because the Kansas Pacific Railway Company was a corporation organized under the laws of the United States, is not insisted upon in this court, and the.only questions presented for our consideration are:
1. Whether the suits are of a civil nature at law or in equity, arising under the laws of the United States; and,
2. Whether, if they are, they can be removed under the act of March 3d, 1875, c. 137, 18 Stat. 470, inasmuch as they…
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