The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880. Page: 11
xiv, 928 p. ; 23 cm.View a full description of this legislative document.
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IN RE B. & M. BY. CO.
of the United States, attaching them, with the act of the state
of Minnesota giving the company the right to build a railroad
across the state, to its petition; and alleges "that it has a de-
fence arising under the laws of the United States, to-wit: that
it is a corporation of the United States created and existing
as aforesaid, and holds its right, of way, rights, and property
under the acts of congress aforesaid, and that the state of Min-
nesota has no power to confer upon any person or corporation
the right to enter upon the same or take the same in the man-
ner proposed by the said proceedings; wherefore your peti-
tioner, the Northern Pacific Railroad Company, prays that
the said proceedings be removed into the circuit court of the
United States for the district of Minnesota, and that this
court proceed no further therein."
A bond with sureties that the Northern Pacific Railroad
Company will enter in the United States circuit court, on the
first day of the next session thereof hereafter to be holden, a
copy of the record in the said suit and proceeding, etc.,
accompanied the petition, and was filed.
The district court of the state made the following order:
"Ordered that the application of the Northern Racifie Rail-
road Company to remove the said proceedings into the circuit
court of the United States for the district of Minnesota be
and the same hereby is granted, and that no further proceed-
ings in this matter be had in this court. By the court.
"October 6, 1880. 0. P. STEARNs, Judge."
The Barnesville & Moorhead Railway Company' have pro-
cured a properly-certified copy of the record in the state court,
and filed it in the United States circuit court, October 18,
1880, the next regular session of the court being on the second
Monday of December, and on this copy of the record asks the
court to proceed with the condemnation of the crossing and
the necessary land, etc.
The Northern Pacific Railroad Company objects to the ju-
risdiction of the court to proceed in the matter at this time.
The right is given by the statutes to the Northern Pacific Rail-
road Company, whose land is to be condemned and track
crossed, to show cause, on the hearing for the appointment of
commissioners, against granting the prayer of the petition,
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Boyle, Peyton. The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880., legislative document, 1881; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc36333/m1/25/: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.