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· 4/14/1903

Woods v. Root

Citations

  • 123 F. 402
  • 59 C.C.A. 206
  • 1903 U.S. App. LEXIS 4009

Syllabus

<p>1. Bemoval of Causes—Federal Question.</p> <p>A suit to enjoin officers of the United States charged with the construction of a government canal from changing the location of a highway bridge over the canal, in alleged violation of a decree of a district court in proceedings to condemn right of way across the highway, is one arising under the laws of the United States, and removable on that ground.</p> <p>2. Courts—Jurisdiction—Suit to Enforce Executory Decree of Another Court.</p> <p>An order made by a District Court of the United States in proceedings for the condemnation of right of way for a government canal across a highway, which requires the government to construct a bridge on the highway over the canal of a certain character, as shown by plans and specifications in evidence, is executory until the bridge has been constructed, and no other court, state or federal, has jurisdiction of a suit to enjoin its alleged violation, but application for its enforcement must be made to the court which entered it.</p>

Judges: Grosscup

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