NORTHERN PACIFIC RAILROAD CO. v. AUSTIN

No. 289.

135 U.S. 315 (1890)

NORTHERN PACIFIC RAILROAD COMPANY v. AUSTIN.

Supreme Court of United States.

Decided May 5, 1890.


Attorney(s) appearing for the Case

Mr. James McNaught, Mr. W.P. Clough, Mr. A.H. Garland and Mr. H.J. May for plaintiff in error.

Mr. M.D. Grover and Mr. J.W. Mason for defendant in error.


MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court:

The contention of plaintiff in error seems to be that the right to remove the suit into the Circuit Court of the United States for the District of Minnesota, under the act of March 3, 1875, was specially set up or claimed by it; that the decision was against the right so set up or claimed; and that, therefore, this court has jurisdiction. But the difficulty with that view is, that...

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