45 S.C. 470 | S.C. | 1895
The opinion of the Court was delivered by
On the 27th day of January, 1893, these actions were commenced. The complaint sets forth with great care circumstances that may be thus partially summarized: In 3857 an act was passed by the General Assembly of this State incorporating certain persons under the name of the Port Royal Railroad Company, whose object was the construction of a line of railroad leading from the harbor at Port Royal, in this State, towards the city of Augusta; and such corporation, desiring to construct their railway into the city of Augusta, in the State of Georgia, obtained the passage by the legislature of the last State of a charter authorizing said original corporators to construct and extend such Port Royal Railroad across the Savannah River, and into the city of Augusta. The railroad was not rapidly constructed, and in 1870 the General Assembly of South Carolina continued the charter, but provided in the act that the railroad should be completed during the year 1871. Bonds were issued by the corporation, secured by a mortgage of the railroad property. Upon default being made in the payment of interest on said bonds, a suit in foreclosure of the mortgage was begun in the Circuit Court of the United States for the district of South Carolina, and an ancillary suit in the Circuit Court of the United States for the district of Georgia, and under a decree therein in both of said courts the railroad property was sold, and was purchased by certain individuals, who, on the 29th day of June, 1878, in compliance with a statute of the State of South Carolina, and a similar statute of the State of Georgia, on the 29th day of June, 1878, filed in the office of the secretary of state of the States of South Car°üna and Geor
The prayer of the complaint demands judgment against the defendant railway company: (1) That the holding and ownership of the shares and bonds in defendant’s corporation by the Central Railroad and Banking Company, with
Judge James Aldrich, on the 27th day of January, 1893, granted an order appointing John H. Averill temporary receiver, and requiring the defendant company to show cause
The first proposition raised was the question of jurisdiction, which was bottomed upon these facts: As soon as notice reached the defendant company of the order of Judge Aldrich of the 27th January, 1893, such defendant, by petition, and the usual bond in such cases required, sought to remove the action from the Court of Common Pleas for -Beaufort County, in the State of South Carolina, into the Circuit Court of the United States for the district of South Carolina, upon the ground that there were federal questions involved. Judge Aldrich declined to admit that his jurisdiction had been terminated by the compliance by the defendant companjr with the formal requirements of the law incident to the removal of causes from the State to Federal Courts. From this decision the defendant railroad appealed to this Court.
It is the judgment of this Court, that the judgment of the Circuit Court involved in these appeals in both the cases here heard together be affirmed.