East Tennessee, Virginia & Georgia Railroad v. Southern Telegraph Co.

Supreme Court

East Tennessee, Virginia & Georgia Railroad v. Southern Telegraph Co.

125 U.S. 695, 8 S. Ct. 1391, 31 L. Ed. 853, 1888 U.S. LEXIS 1956

Supreme Court of the United States·Decided April 9, 1888·No. 107·Published·Cited by 18 cases

Opinion

Me. Justice Miller,

on the 9th of April, 1888, delivered the opinion of the court.

It was suggested by a letter from counsel employed on one side of this suit that his party had sold out the interest which it had to the other party, who was prosecuting it now and was dommus litis on both sides. • A ruling was made some time ago, before the death of the late Chief Justice, in effect "that there was sufficient evidence to that effect to require the case to be dismissed unless the ‘side now prosecuting it for decision would show satisfactory evidence that it was a bona fide suit. ' Two attempts have been made, and we are agreed in the opinion that they are both failures and that the 'original order should now be carried out, dismissing the case on the grounds set forth in the opinion of the Chief Justice, delivered at the time.

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Me. Justice Miller,

on the 9th of April, 1888, delivered the opinion of the court.

It was suggested by a letter from counsel employed on one side of this suit that his party had sold out the interest which it had to the other party, who was prosecuting it now and was dommus litis on both sides. • A ruling was made some time ago, before the death of the late Chief Justice, in effect "that there was sufficient evidence to that effect to require the case to be dismissed unless the ‘side now prosecuting it for decision would show satisfactory evidence that it was a bona fide suit. ' Two attempts have been made, and we are agreed in the opinion that they are both failures and that the 'original order should now be carried out, dismissing the case on the grounds set forth in the opinion of the Chief Justice, delivered at the time.

East Tennessee, Virginia & Georgia Railroad v. Southern Telegraph Co., 125 U.S. 695, 8 S. Ct. 1391, 31 L. Ed. 853, 1888 U.S. LEXIS 1956 (1888).

Pincite

125 U.S. 695 (East Tennessee, Virginia & Georgia Railroad v. Southern Telegraph Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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