(Download) "Willcox Et Al. v. Consolidated Gas Company. City New York v. Consolidated Gas Company New York. Jackson" by Supreme Court of the United States " eBook PDF Kindle ePub Free
eBook details
- Title: Willcox Et Al. v. Consolidated Gas Company. City New York v. Consolidated Gas Company New York. Jackson
- Author : Supreme Court of the United States
- Release Date : January 04, 1909
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 111 KB
Description
by counsel for the appellants, the Public Service Commission, in their brief in this court. They assumed to criticise that court for taking jurisdiction of this case, as precipitate, as if it were a question of discretion or comity, whether or not that court should have heard the case. On the contrary, there was no discretion or comity about it. When a Federal court is properly appealed to in a case over which it has by law jurisdiction, it is its duty to take such jurisdiction (Cohens v. Virginia, 6 Wheat. 264, 404), and in taking it that court cannot be truthfully spoken of as precipitate in its conduct. That the case may be one of local interest only is entirely immaterial, so long as the parties are citizens of different States or a question is involved which by law brings the case within the jurisdiction of a Federal court. The right of a party plaintiff to choose a Federal court where there is a choice cannot be properly denied. In re Metropolitan Railway Receivership, 208 U.S. 90-110; Prentis v. Atlantic Coast Line et al., 211 U.S. 210. In the latter case it was said that a plaintiff could not be forbidden to try the facts upon which his right to relief is based before a court of his own choice, if otherwise competent. It is true an application for an injunction was denied in that case because the plaintiff should in our opinion have taken the appeal allowed him by the law of Virginia while the rate of fare in litigation was still at the legislative stage, so as to make it absolutely certain that the officials of the State would try to establish and enforce an unconstitutional rule.
 "Willcox Et Al. v. Consolidated Gas Company. City New York v. Consolidated Gas Company New York. Jackson" by Supreme Court of the United States " eBook PDF Kindle ePub Free){kind=link}