State v. Chicago, Rock Island & Pacific Railway Co.
State v. Chicago, Rock Island & Pacific Railway Co.
Opinion of the Court
The attorney general has presented a motion to dismiss this cause, for the reason that he has been enjoined by the circuit court of the United States for the district of Nebraska from the prosecution thereof. During the present term, in this very same case, we held that the federal court was without power or jurisdiction to enjoin the state, and that the attempted restraint of the attorney general by such court was an attempt to restrain the state itself. 61 Nebr., 545. What the circuit court can not do directly it may not do indirectly. This is clear. Attached to the motion is a copy of the recent opinion delivered by Sanborn, circuit judge, in Starr v. Chicago, R. I. & P. R. Co.,
Motion denied.
The title of the ease is James C. Starr and Samuel Allerton v. The Chicago, Rock Island & Pacific Railway Company, Frank N. Prout et al. —110 Fed. Rep. 3.
Reference
- Full Case Name
- State of Nebraska v. Chicago, Rock Island & Pacific Railway Company
- Cited By
- 2 cases
- Status
- Published