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

• Court: Supreme Court of the United States
• Decided: April 9, 1888
• Docket: 107
• Status: Published

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.