Texas & Pacific Railway Co. v. Kirk

Citations

• 115 U.S. 2

Syllabus

<p>Corporations of the United States, created by and organized under acts of Congress, are entitled, under the Act of March 3, 1875, 18 Stat. 470, to remove into the Circuit Courts of the United States suits' brought against them in State courts on the ground that such suits are suits “arising under the laws of the United States.”</p> <p>The Union Pacific Railway Company is, as to its road, property and franchises in Kansas, a corporation defacto created and organized under acts of Congress ; and as to the same in Nebraska, it is strictly and purely a corporation deriving all its cbiporate and other powers from acts of Congress</p> <p>The Texas & Pacific Railway Company is also a corporation, deriving its corporate powers from acts of Congress.</p> <p>These companies are entitled, under the Act of March 3, 1875, to have all suits brought against them in State courts removed to Circuit Courts of the United States, on the ground that they are suits arising under the laws of • the United States.</p> <p>An objection that a petition for removal was not verified by oath, or that there was delay in filing it,, may be waived by delay in taking the objection..</p> <p>In Kansas, a proceeding before a Mayor of a city'and a jury to take land for widening a street, and to ascertain the value of the land taken, and to assess the cost thereof bn the property benefited,' is not, while pending there, a suit at law within the meaning of the Act of March 3, 1875, authorizing the removal of causes; but it becomes such a suit at law when transferred to the Circuit Court of the State on appeal.</p> <p>In proceedings, under the Act of the Legislature of Kansas, passed in 1875, for ■ widening the streets of Kansas City, the Union Pacific Railway Company had a controversy distinct and separate from like controversies of other owners of land, affected by the proceedings: and the fact that the removal of the controversy of the Railway Company to the Circuit Court of the United States may have