Supreme Court Reporter 29

Cover Supreme Court Reporter 29
Supreme Court Reporter 29
United States. Supreme Court
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Gt Rep. 1113. See al- so act of incorporation of the Texas 4 Pacific Railroad Gompany, 16 Stat, at L.
573, chap. 122, giving the right to the cor- poration (p. 574, § 1) to sue and be sued in all the courts of law and equity within the United States.
The right to remove, under the statute, de- pends upon whether the suit could original- ly have been brought in the circuit court of the United States. Madioonville Traction Go. V. St Bernard Min. Go. 196 U. S. 239, 245, 49 L. ed. 462, 464, 25 Sup.
... Gt Rep. 251 1 Oochran v. Montgomery Gounty, 199 U. 8.
260, 50 lu ed. 182, 26 Sup. Gt Rep. 58, 4 A. & E. Ann. Gas. 451.
The question, then, is whether the United States circuit court for the proper district (northern district of Texas) would have had jurisdiction of a suit commenced in that dis- trict by the plaintiffs against the railway company and the two individual defendants.
A suit against the company would, as we have seen, be one arising tmder the (in- stitution or laws of the United States, and as the individual defendants resided in the state of Texas ( the same state as the plain- tiffs) the ground of jurisdiction of the Fed- eral court as to them must be that by join- ing all as defendants in a joint action for the same wrong done by all of them, the plaintiffs thereby made the suit against the individual defendants also one which arises under the Gonstitution or laws of the United SUtea.


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