State v. Port Royal & Augusta Ry. Co.

Citations

• 45 S.C. 413

Syllabus

<p>1. Removal of Causes. — To render a cause brought in a State Court removable to the Federal Courts, as arising under the Constitution, laws, or treaties of the United States, the facts making it removable must appear on the face of the complaint, and must be a question embraced in sec. 553 of 24 Stat. of U. S., or sec. 434 of 25 Stat. of U. S.</p> <p>2. State — Citizen—Corporation.—A State is not a citizen, and a suit between a State and one of its citizens, or a corporation of another State, is not a suit between citizens of different States.</p> <p>3. Abatement — Railroads—The Act oe 1893 (21 Stat., 537,) did not have the effect to abate the suits then in progress for the winding up of its affairs, and the forfeiture of the charter of the Port Royal and Augusta Railway Co. Mr. Chief Justice McIver dissenting.</p> <p>4. Circuit Judge — Receivers—Chambers—Rev. Stat., Sec. 2244. Under section 2244 of Rev. Stat., a Circuit Judge may pass an order at chambers authorizing a receiver of a railroad to issue receiver’s certificates, upon notice to all parties in interest.</p> <p>5. Appeal — Parties—Order.—It is too late to object for the first time on appeal to an order made in the Circuit Court, on the ground that the necessary parties were not before the Court.</p> <p>6. Construction of Statutes. — To ascertain whether an act be public or private, we must look to the objects and purposes contemplated, and the scope and powers of the act. Dicta.</p> <p>7. Pleading — Practice.—A bill of revivor cannot be filed against a defunct corporation. Dicta.</p>