Metropolitan Water Company v. Kaw Valley Drainage District of Wyandotte County, Kansas, No. 844

CourtUnited States Supreme Court
Writing for the CourtLamar
Citation56 L.Ed. 533,223 U.S. 519,32 S.Ct. 246
Decision Date19 February 1912
Docket NumberNo. 844
PartiesMETROPOLITAN WATER COMPANY, Appt., v. KAW VALLEY DRAINAGE DISTRICT OF WYANDOTTE COUNTY, KANSAS, et al

223 U.S. 519
32 S.Ct. 246
56 L.Ed. 533
METROPOLITAN WATER COMPANY, Appt.,

v.

KAW VALLEY DRAINAGE DISTRICT OF WYANDOTTE COUNTY, KANSAS, et al.

No. 844.
Argued and submitted January 16, 1912.
Decided February 19, 1912.

The Metropolitan Water Company, a corporation of the state of West Virginia, owned land which the Kaw Valley Drainage District, a corporation of the state of Kansas, desired to acquire for public purposes.

Under the provisions of the act regulating the condemnation of land, the defendant in error presented to the

Page 520

judge of the district court of Wyandotte county, a petition for the appointment of commissioners to value the property of the complainant, necessary to be condemned for drainage purposes. The water company immediately filed with the judge a petition to remove the case to the United States circuit court. After argument this petition was denied and commissioners were appointed. The complainant at once filed, in the United States circuit court, its bill in aid of the removal proceeding, praying that the defendant and the commissioners be enjoined from further prosecuting the condemnation proceedings. Among other things it alleged that the act violated the 14th Amendment because it deprived the complainant of his property before judicial ascertainment of its value and before payment—in that when the report of the commissioners was filed with the register of deeds, the defendant, on paying the amount of the award, could take possession of the property; and, though an appeal to the district court was permitted, the defendant could retain possession in the meantime on giving bond to pay the amount of the verdict.

To this bill the defendant demurred, and after hearing, a temporary injunction was granted, restraining the defendant from proceeding further to condemn the property of the complainant. This order was reversed by the circuit court of appeals, which, in an elaborate opinion, held that the statute was valid, and that until an appeal was taken from the award of the commissioners the proceeding was in the nature of an inquest to determine damages, and not a 'suit' within the meaning of the removal statute, and therefore not removable into the Federal court thereunder (108 C. C. A. 393, 186 Fed. 315).

The mandate directed 'that the order granting the injunction be reversed and that the cause be, and the same is hereby, remanded to the said circuit court, with directions for proceeding in accordance with the opinion* of this court.' On the return of the mandate, the circuit court sustained the demurrer, and, in allowing the appeal to this court, certified that it dismissed the bill solely on the ground of the want of jurisdiction.

Page 521

Mr. Willard P. Hall for appellant.

Messrs. L. W. Keplinger and C. W. Trickett for appellees.

Mr. Justice Lamar, after making the foregoing statement, delivered the opinion of the court:

While in form this is an appeal from the decree of the circuit court for the district of Kansas, it is really an effort to review a decision of the circuit court of appeals of the eighth circuit. From the statement of facts it is manifest that, in dismissing the bill, the circuit court merely applied the ruling that the petition for the appointment of commissioners was not the institution of a 'suit' within the...

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31 practice notes
  • Planned Parenthood of Blue Ridge v. Camblos, No. 97-1853
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • August 20, 1998
    ...to the underlying claim, "and, if so, to directing a final decree dismissing it"); Metropolitan Water Co. v. Kaw Valley Drainage District, 223 U.S. 519, 523, 32 S.Ct. 246, 56 L.Ed. 533 (1912) ("For, while at one time there was some difference in the rulings on that subject, it was finally s......
  • Myers v. Bethlehem Shipbuilding Corporation Same v. Kenzie, Nos. 181
    • United States
    • United States Supreme Court
    • January 31, 1938
    ...Mast, Foos & Co. v. Stover Mfg. Co., 177 U.S. 485, 494, 20 S.Ct. 708, 44 L.Ed. 856; Metropolitan Water Co. v. Kaw Valley Drainage Dist., 223 U.S. 519, 523, 32 S.Ct. 246, 56 L.Ed. 533; United States Fidelity & Guaranty Co. v. Gray, 225 U.S. 205, 214, 32 S.Ct. 620, 56 L.Ed. 1055; City and Cou......
  • Clark v. Williard, No. 449
    • United States
    • United States Supreme Court
    • April 2, 1934
    ...23 P.(2d) 959, 964, By that opinion, which by reference was incororated in the judgment (Metropolitan Water Co. v. Kaw Valley District, 223 U.S. 519, 523, 32 S.Ct. 246, 56 L.Ed. 533; Gulf Refining Co. v. United States, 269 U.S. 125, 135, 46 S.Ct. 52, 70 L.Ed. 195), nothing was left to the d......
  • Federal Home Loan Bank of San Francisco v. Hall, No. 14378.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 26, 1955
    ...611, 37 L.Ed. 432; In re Sanford Fork & Tool Co., 160 U.S. 247, 16 S. Ct. 291, 40 L.Ed. 414; Metropolitan Water Co. v. Kaw Valley, etc., 223 U.S. 519, 32 S.Ct. 246, 56 L.Ed. 533; Gulf Refining Co. v. United States, 269 U.S. 125, 46 S.Ct. 52, 70 L.Ed. 195; Rogers v. Hill, 289 U.S. 582, 53 S.......
  • Request a trial to view additional results
31 cases
  • Planned Parenthood of Blue Ridge v. Camblos, No. 97-1853
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • August 20, 1998
    ...to the underlying claim, "and, if so, to directing a final decree dismissing it"); Metropolitan Water Co. v. Kaw Valley Drainage District, 223 U.S. 519, 523, 32 S.Ct. 246, 56 L.Ed. 533 (1912) ("For, while at one time there was some difference in the rulings on that subject, it was finally s......
  • Myers v. Bethlehem Shipbuilding Corporation Same v. Kenzie, Nos. 181
    • United States
    • United States Supreme Court
    • January 31, 1938
    ...Mast, Foos & Co. v. Stover Mfg. Co., 177 U.S. 485, 494, 20 S.Ct. 708, 44 L.Ed. 856; Metropolitan Water Co. v. Kaw Valley Drainage Dist., 223 U.S. 519, 523, 32 S.Ct. 246, 56 L.Ed. 533; United States Fidelity & Guaranty Co. v. Gray, 225 U.S. 205, 214, 32 S.Ct. 620, 56 L.Ed. 1055; City and Cou......
  • Clark v. Williard, No. 449
    • United States
    • United States Supreme Court
    • April 2, 1934
    ...23 P.(2d) 959, 964, By that opinion, which by reference was incororated in the judgment (Metropolitan Water Co. v. Kaw Valley District, 223 U.S. 519, 523, 32 S.Ct. 246, 56 L.Ed. 533; Gulf Refining Co. v. United States, 269 U.S. 125, 135, 46 S.Ct. 52, 70 L.Ed. 195), nothing was left to the d......
  • Federal Home Loan Bank of San Francisco v. Hall, No. 14378.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 26, 1955
    ...611, 37 L.Ed. 432; In re Sanford Fork & Tool Co., 160 U.S. 247, 16 S. Ct. 291, 40 L.Ed. 414; Metropolitan Water Co. v. Kaw Valley, etc., 223 U.S. 519, 32 S.Ct. 246, 56 L.Ed. 533; Gulf Refining Co. v. United States, 269 U.S. 125, 46 S.Ct. 52, 70 L.Ed. 195; Rogers v. Hill, 289 U.S. 582, 53 S.......
  • Request a trial to view additional results

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