Legal Opinion

Clinton v. Missouri Pacific Railway

Supreme Court of the United States

Decided May 27, 1887No. 311PublishedCited by 8 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. The following is the statement of the case as made by the court. This case is in. many respects anomalous and bristles with points, but it is otherwise not very important. It commenced in a proceeding instituted by the Missouri Pacific Bailway Company of Nebraska, under a statute of that state providing for the condemnation of land for the use of railroads.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. The following is the statement of the case as made by the court. This case is in. many respects anomalous and bristles with points, but it is otherwise not very important. It commenced in a proceeding instituted by the Missouri Pacific Bailway Company of Nebraska, under a statute of that state providing for the condemnation of land for the use of railroads. It was begun in the county court of Cass County, Nebraska, by which a commission was appointed to make the assessment of damages. From this assessment, after it…

1Opinion of the CourtJustice Miller

The defendant in error insists that the case should be dismissed here for want of an assignment of errors. In regard to this it is sufficient to say that it would be difficult to formulate a more precise and specific assignment of error than that contained in the foregoing extract from the brief of the plaintiff.

The next point presented is, that the ruling of the court in this case, upon the question of the dismissal of the appeal, is not presented by any bill of exceptions, and that there is nothing in the record on which this court can review that decision. But the determination of this…

2Cases cited2 opinions

  1. Gifford v. Republican Valley & Kansas RailroadNebraska Supreme Court · 1886
  2. Republican Valley R. R. v. McPhersonNebraska Supreme Court · 1882

3Cited by8 opinions

  1. County of Allegheny v. Frank Mashuda Co.Supreme Court of the United States · 1959
  2. Moline Plow Co. v. WebbSupreme Court of the United States · 1891
  3. City of Wilmington v. RicaudCourt of Appeals for the Fourth Circuit · 1898
  4. Empire Milling & Mining Co. v. Tombstone Mill & Mining Co.U.S. Circuit Court for the District of Connecticut · 1900
  5. Saks v. B. H. Stinemetz & Son Co.Court of Appeals for the D.C. Circuit · 1923

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