Legal Opinion

Bayne v. Morris

Supreme Court of the United States

Decided December 21, 1863PublishedCited by 28 opinions

1Opinion of the Court

68 U.S. 97 (1863)

1 Wall. 97

BAYNE

v.

MORRIS.

Supreme Court of United States.

Mr. Brent for the plaintiff in error, and Mr. Wallis contra.

Mr. Justice DAVIS, after stating the case, delivered the opinion of the court:

The court did not pass on the validity of the award as it should have done; but directed the jury to find against the plaintiff, on the ground that the action was premature, neither of the sums awarded to be paid being due when suit was brought.

It is clear that Bayne instituted his action because Morris would not give the security he was required to by the award. And on principle and…

2Cases cited1 opinion

  1. Hanna v. MillsNew York Supreme Court · 1839

3Cited by28 opinions

  1. Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
  2. Brown v. Witco CorporationCourt of Appeals for the Fifth Circuit · 2003
  3. Lockhart v. American Reserve InsuranceOhio Court of Appeals · 1981
  4. Rueda v. Union Pacific Railroad Co.Oregon Supreme Court · 1946
  5. Sverdrup Corporation v. Whc Constructors, Incorporated, and Century Iii, IncorporatedCourt of Appeals for the Fourth Circuit · 1993

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