Henen v. The B.
Decision Date | 07 May 1881 |
Citation | 17 W.Va. 881 |
Court | West Virginia Supreme Court |
Parties | Henen, Adm'r v. The B. & O. R. R. Co. |
1. An order of a State court removing a case at law to the circuit court of the United States under section G39, page 114 of the Revised Statutes of the United States 2d ed. is reviewable by the Supreme Court of Appeals of this State by writ of error, and upon such review said Supreme Court of Appeals may reverse cr affirm such order, as justice and the law may require in the opinion of such Court.
2. Where a petition is filed in a State court praying the removal of a case from such court to a circuit court of the United States under said section 639 of the said Revised Statutes, the State court ought not to receive the bond offered by the petitioner, unless the condition of the bond so offered contains the material parts prescribed and required by said section in such a case.
3. A railroad corporation may have an existence in more than one State, if chartered or licensed to build its road in more than one State.
4. The Baltimore and Ohio Railroad Company is a domestic corporation of this State and liable to be sued here; and the court will take judicial cognizance of that fact. Hart v. The Baltimore and Ohio Railroad Company, G. W. Va. 336.
5. When such company is sued in the courts of this State by a citizen thereof, such suit cannot be removed into the circu: t court of the United States for the district of West Virginia, in such case saic G39th section of said Revised Statutes does not apply to or embrace the said company.
Writ of error to an order of the circuit court of the county of Wetzel made on the 18th day of October 1879, in an action in said court then pending, whereir John Henen, administrator, was plaintiff and the Baltimore and Ohio Railroad Company was defendant, allowed upon the petition of said Henen.
Hon. A. B. Fleming, judge of the second judicial circuit, made the order complained of.
Haymond. Judge, furnishes the following statement of the case:
This is an action of trespass on the case brought by the plaintiff, John Henen, administrator of Jane Smith deceased, against the defendant for the killing of plaintiff's intestate by the defendant's servants driving a steam engine over her at a public crossing on its railroad, in an unlawful, careless and negligent manner on the 10th day of February, 1879. The suit was brought in the circuit court of Wetzel county, State of West Virginia, on the 28th day of July, 1879. The declaration contains two counts. The damages claimed in the declaration are $5,000.00.
It appears, that on the 18th day of October, 1879, the defendant, by its counsel, appeared in said circuit court and filed its petition to the said circuit court, which is as follows:
By its Attorneys.
Boggess and McCoy, Attorneys."
Upon the filing of said petition the circuit court made and entered an order in the cause as follows:
The answer to said petition filed by the plaintiff and mentioned in said order is as follows:
Plaintiff further says, that for the purpose of this suit the defendant is a resident of this State, and, therefore, prays that the petition of defendant be rejected.
The bond filed by defendant, and mentioned in the said order is as follows:
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Gerling v. Baltimore Ohio Co
...take judicial notice, without proof. Hart v. Railroad Co., 6 W. Va. 336, 349-358; Mahany v. Kephart, 15 W. Va. 609, 624; Henen v. Railroad Co., 17 W. Va. 881, 899; Bank v. Macher, 18 W. Va. 271. Doubtless, therefore, such statutes must be judicially noticed by the circuit court of the Unite......
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Welch v. County Court of Wetzel County
... ... order of the circuit court refusing to grant a writ of ... certiorari , and dismissing the plaintiff's ... petition, was in effect a final judgment, from which a writ ... of error lies to this court. I refer to the decision in ... Henen v. Railroad Co. , 17 W.Va ... 881, in which it was decided that the order of a circuit, ... court removing a case at law to the circuit court of the ... United States is reviewable by the supreme court of appeals ... of this state by writ of error. In rendering the decision, we ... ...
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Plaintiff v. County Court O R Wetzel County.
...plaintiff's petition was in effect a final judgment, from which a writ of error lies to this Court. I refer to the decision in Henen v. Railroad Co., 17 W. Va. 881, in which it was decided, that the order of a Circuit Court removing a case at law to the Circuit Court of the United States is......